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Find Easements Lawyer

Find Easements Lawyer

Easements

A relatively obtuse piece of property law, easements refer to legal claims that a non-owner of a property has to use the property for specific uses. Easements can range from inconsequential to highly burdensome, and breaking the terms of an easement can be legally troublesome.

S.B. Nickse Law Offices, LLC

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Klinedinst Attorneys PC

Google rating
3.7
40 years in practice
Criminal Defense, Employment Law, Intellectual Property, Premises Liability, Real Estate Law
View Profile

S.B. Nickse Law Offices, LLC

Google rating
5
10 years in practice
Business Arbitration, Business Law, Neighbor Disputes
View Profile

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.

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Easements Frequently Asked Questions

1. What is an easement?

In brief, an easement is the right of another party to use land owned by someone else for a specific purpose. Easements can fall into several categories with varying levels of invasiveness. Right of way easements simply allow a third party to use thoroughfares through the property in question in order to reach another destination, often a home or main road. Utility maintenance and HOA easements allow maintenance crews and HOA members respectively to add or remove amenities or infrastructure from the property as is necessary and within the defined limits of the easement. 

2. Can a property owner block an easement?

In general, no. An easement is a legal right for another party to make use of the property. Whether that means blocking a shared driveway or impeding a homeowner’s association, failing to abide by the terms of the easement could have legal ramifications.

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