Understanding Easements and Resolving Disputes

An easement is a legal right to use another person’s land for a specific purpose. While an easement grants certain usage rights, it does not provide full ownership of the land. Easements are commonly created through express grants in deeds, reservation of rights, reference to survey plats, or through adverse possession. Despite being a lesser right than ownership, easements often play a critical role in real estate and land use disputes.

Types of Easements

Easements can be categorized into two primary types: affirmative and negative. Understanding the differences between these types is essential for determining the rights and restrictions they impose on landowners.

• Affirmative Easements: These grant the holder the right to perform certain activities on someone else’s land. Common examples include:
  • Road Right of Way: Allows access through a property for transportation.
  • Utility Easements: Grants permission for utility companies to install and maintain utility lines.
  • Drainage Easements: Provide access for maintaining drainage systems.
  • Well Usage Easements: Allow use of a water well on another person’s property.
• Negative Easements: These restrict how a landowner can use their property for the benefit of another party. Subdivision covenants, such as those limiting the number or size of buildings, are a common example of a negative easement.

Sources of Easements

Easements can be created through several means:

• Express Grant or Reservation: Easements are often specifically included in deeds when property is sold or subdivided.
• Survey Plats: Easements can also arise when a property is purchased with reference to a survey plat. Under certain circumstances, these easements may benefit or burden a property, depending on the plat’s terms.
• Adverse Possession: In some cases, long-term use of another party’s land without permission can result in an easement being established through adverse possession.

Common Easement Disputes

Easement disputes frequently arise when there is uncertainty about the scope of the easement or whether the landowner’s activities interfere with its use. Disagreements can occur over:

• Permitted Use: Questions about whether the use of an easement is limited to its stated purpose, such as whether a road easement can also be used for utility lines.
• Abandonment: Disputes may arise over whether an easement has been abandoned due to non-use over a long period.
• Interference: The underlying landowner’s activities may infringe upon the easement holder’s rights, leading to disputes over interference or obstruction.

Legal Considerations in Easement Disputes

The resolution of an easement dispute depends heavily on the specific language in the easement agreement, as well as the facts and conduct that gave rise to the dispute. A successful outcome often requires a thorough understanding of the legal framework surrounding easements, as well as the ability to interpret documents accurately and argue persuasively in court.

At Ferikes Bleynat & Cannon, our attorneys have extensive experience representing clients in easement disputes, whether they involve roadways, utilities, or other land uses. We have the expertise necessary to interpret easement documents, evaluate the claims of both parties, and pursue a favorable outcome in court or through negotiation.

Contact Ferikes Bleynat & Cannon for Legal Assistance

If you are facing an easement dispute or need assistance with understanding your rights and responsibilities under an easement, contact the experienced attorneys at Ferikes Bleynat & Cannon. We are dedicated to providing personalized legal services to help you resolve your property issues efficiently. Call us today to learn more about how we can help you with your easement dispute.