Exceptions to Ownership
Easements serve as exceptions to the general rule that property owners can do what they want with property that they own. Challenging an easement is a uniquely difficult legal challenge due to a multiplicity of factors. Before a challenge can be issued to an easement, it is important to understand the types of easements that can exist on a property.
Right of Way Easements
A right of way easement exists to allow a third party right-of-way through land they do not own. This could include use of a shared driveway that is more on one neighbor’s land than another’s or it could refer to being allowed to cut across a neighbor’s land in order to reach a main road. Right of way easements can become contentious if the user of the right of way acts discourteously in using their right, or if the property owner blocks or otherwise impedes the passerby’s right to use their easement.
Utility Maintenance Easements
Utility maintenance easements exist to allow utility companies to install power and cable lines on the property even if the lines are not to service the property itself. This can be particularly common in rural or expanding communities but can become contentious if the property owner feels that the utility companies are not conducting themselves properly or create hazards or other dangers to the property owner.
HOA/Condominium Easements
One of the most contentious forms of easement, HOA and condominium easements often exert control over the common areas or publicly visible spaces of a property. These types of easements can chafe against a property owner who is not in compliance with HOA regulations or who does not feel that the HOA is conducting its business on their property fairly.
Helping You Command The Market
If you are looking to create, challenge, or explore the limits of an easement, you will need the help of an experienced real estate law attorney. A real estate attorney is able to focus completely on your case and get you the best possible outcome.
In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.
At AAL, we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today to be matched with skilled and experienced attorneys in your area who practice real estate law.
