How do you resolve easement disputes?

Resolving an Easement Dispute with Your Neighbor

1. Send a demand letter on attorney letterhead to your neighbor informing them of your easement ownership and right to use the driveway.
2. Negotiate with the neighbor with the threat of legal action as leverage.
3. File a lawsuit seeking an injunctive order to enforce the easement.

What is an easement dispute?

Easement Disputes An easement is the “right of use” over the property that belongs to someone else. Common examples are a shared driveway between neighbors or access to a property by a utility company. Disputes arising from an easement, particularly easements granted by a predecessor owner, are fairly common.

Can you challenge an easement?

It almost always requires some sort of overt legal action or procedure to remove an easement. You’ll probably have to take the matter to court by filing a civil lawsuit so that you can achieve the clear title, but you can remove problematic real estate easements in several ways.

Do perpetual easements transfer to new owners?

Easements in Gross are easements that grant the right to cross over someone else’s property to a specific individual or entity and, as such, are personal in nature. In other words, they do not transfer to a subsequent owner.

Can my Neighbour use my driveway?

Answer: You should check your title deeds to ensure that there is no documented right for the neighbour to use your driveway in that manner. If no right is apparent, it is still possible for the neighbour to have acquired a right to use part of your driveway in order to move in and out of their driveway.

What is an easement for a driveway?

A driveway easement gives the easement holder the right to use the property owner’s driveway to access his land. Some states mandate that the easement will transfer when land ownership changes, while other states allow the easement to cease when land changes hands.

What does it mean if you have an easement on your property?

A property easement is a legal situation in which the title to a specific piece land remains with the landowner, but another person or organization is given the right to use that land for a distinct purpose. Or, you could have an easement on part of your property if it blocks access to a main road.

How can I stop my Neighbour using my driveway?

Assuming that there is no documented right set out in the title to your property, one way of protecting your position is to put up a sign stating there is no right of way over your driveway. You may also consider erecting a fence along the relevant boundary if the issue continues.

Can a Neighbour block access to my property?

If you believe you are entitled to use a right of way which has been obstructed, you can take legal action against your neighbour provided the interference is substantial. If you believe someone is accessing your land without the right to do so then there is a crossover between rights of way and trespass.

Should I grant an easement to my Neighbor?

Granting the Easement to a Neighbor If the landowner has a strong or positive relationship with a neighbor, he or she can grant the other person with an easement. However, if the process is only verbal, it is not often legally binding if there is a complication or legal problem that arises in the future.

Can My Neighbor get an easement or access?

Your neighbor cannot obtain an easement for convenience without your consent. There is no such doctrine in the law. A party can obtain an easement by necessity, which generally relates to what you have indicated are landlocked parcels of property.

How to settle property easement disputes?

you should keep your interactions regarding the property easement dispute in writing.

Do I have legal easement rights on neighbors property?

An easement is a legal right to use property you do not own . A common form of easement is the right to use a driveway which run across your neighbor’s property. This kind of easement may sometimes be referred to as a “right of way.” However, you do not have to be a neighboring land owner to get an easement.

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