Easements on properties can often be a topic of neighborly disputes. Easements can significantly affect property ownership, granting certain rights to others or allowing you to use portions of someone else’s property for a specific purpose. Whether you’re a property owner burdened by an easement or someone benefiting from one, understanding your legal rights is essential.

What Is an Easement?

An easement is a legal right to use another person’s property for a specific purpose without owning it. Easements are common in real estate and can arise through agreements, necessity, or longstanding use. Common types of easements include:

• Express Easements: Created through written agreements or deeds, these easements clearly define the scope and duration of use.
• Implied Easements: Arise when land use suggests an easement was intended, even if not explicitly documented (e.g., a shared driveway between properties).
• Easements by Necessity: Granted when a property would otherwise be unusable, such as providing access to landlocked property.
• Prescriptive Easements: Established through continuous, open, and adverse use over a legally defined period.

Easements are typically documented in property deeds or recorded with the county. In some cases, easements can exist informally, such as through prescriptive use (long-term, open, and obvious use without permission).

Your Rights as a Property Owner

If an easement affects your property (servient estate), you retain ownership but must allow the easement holder (dominant estate) to use the designated area. As the property owner, your rights include:

1. Reasonable Use of Your Land: You can continue to use your property, provided it doesn’t interfere with the easement. For example, you cannot block a driveway easement, but you may landscape around it.
2. Compensation for Certain Easements: If an easement is granted through eminent domain (e.g., for utility installation), you may be entitled to compensation for the reduced value or impact on your property.

If the easement holder exceeds the scope of the easement (e.g., using the land for purposes not agreed upon), you can take legal action to enforce your rights.

Your Rights as an Easement Holder

If you benefit from an easement, you have the legal right to use the property as specified in the easement agreement. Your rights include:

1. Uninterrupted Use: The property owner cannot interfere with your ability to use the easement as intended.
2. Maintenance and Repairs: As the easement holder, you are typically responsible for maintaining the easement. For instance, if you have a driveway easement, you may need to share maintenance costs with the property owner.
3. Access to the Easement: You have the right to access the easement for its intended purpose, even if it requires entering the servient estate.

The property owner cannot revoke or terminate the easement without legal justification, such as abandonment or mutual agreement.

Resolving Easement Disputes

Easement disputes, much like property line disputes, are common between neighbors and can arise when parties disagree about their rights or obligations. Common disputes include:

• Obstructions: Property owners blocking access to easements, such as driveways or utility lines.
• Overuse or Misuse: Easement holders using the land beyond the scope defined in the agreement.
• Maintenance Conflicts: Disagreements about who is responsible for repairs or upkeep.

To resolve disputes, the first step is to consult the written agreement or deed, which outlines the terms and conditions. Many disputes are resolvable through communication or mediation, avoiding costly litigation. However, if necessary, you can bring the matter to court to seek enforcement of the easement or compensation for damages.

Creek County Civil Lawyers

Easements can significantly impact property use and ownership. Understanding your rights as a property owner or easement holder is critical to managing and enforcing these agreements. Whether dealing with access, maintenance, or disputes, knowledge of the law and proactive action can help safeguard your property interests.

If you’re facing issues regarding easements on properties, our team at Creek County Attorneys can help you understand your options. Call us at 918-209-3709 for a free and confidential consultation or ask a legal question here.