What Are Easement Disputes?
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What Do You Need to Know About Easement Law?
If you are dealing with easement disputes, attorneys from Perigon Legal Services can offer information, advice, and advocacy. Call us for a consultation.
You love your new home, but you’ve noticed something disconcerting. One of your neighbors seems overly comfortable coming onto what you consider “your property.” Upon investigating, you discover that the property came with an easement.
What is an easement? Easements allow someone access to another person’s land/property for a specific purpose.
Easements exist for a variety of reasons, but the most common one is for certain utilities to be able to access land. An easement allows the utility company to cross private property with their pipe or cable, but it is not the same as owning or having any other rights to a property.
Easement disputes often arise shortly after purchasing a property. This is because easements tend to “run with the property” (meaning they continue even if the property is sold), and buyers may not be aware of the easement if they do not do their due diligence during the purchasing process.
A qualified real estate attorney in Atlanta from Perigon Legal Services can offer solutions and protect your rights.
Types of Property Easements
Generally, easements are created out of necessity (or convenience) for neighboring property owners or other entities, either expressly or by implication.
Express easements are conveyed in writing and are typically created by a deed or grant.
An implied easement (a.k.a. “driveway easement”) arises from the actions of the parties that show an intention to create an easement. An example of this is where one property owner must use the land of another to access their own property.
Easements may also arise by prescription or compulsory purchase and sale.
How Do Property Easement Disputes Work?
Why Do Easement Disputes Arise?
How to Resolve Easement Disputes
You may be able to amicably resolve disputes over fences or property boundaries with a face-to-face meeting or by sending a demand letter. If you are unable to amicably handle the dispute verbally or in writing, it may be time to take legal action and consult an attorney.
The right legal advisor can help you navigate this type of matter and represent you if the issue goes to court. If you’re facing an easement dispute, consider enlisting the help of a reputable real estate litigation attorney who can advise you on your options, protect your property rights, and guide you through the process.
How Can an Easement Dispute Lawyer Help You?
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