An easement is a right to use someone else’s property for a specific purpose. This can be a legal agreement between two people or it can be created by law. Common purposes for an easement include accessing a water or sewer line or using a driveway to get to your house.
If you are having a dispute with your neighbor over an easement, you will need to speak with an attorney. Real estate laws governing easements vary from state to state, so it is important to get specific advice about your situation. Generally, the court will look at what is fair and equitable for both parties involved in the dispute.
If you are having an easement dispute with a neighbor, there are a few ways to resolve the disagreement. The best way to handle it will depend on the situation and the relationship you have with your neighbor.
One option is to try to negotiate a resolution. You can talk to your neighbor and see if you can come up with a solution that works for both of you. This can be difficult since it is possible that your neighbor may not be interested in negotiating or may not be willing to compromise.
Another option is to go to court. If you cannot reach a resolution on your own, you may need to take legal action.
Additionally, you could try mediation. This is a process where a mediator helps two parties resolve a dispute. It is less formal than going to court. Mediation can be a good option if you want to try to avoid litigation.
Different Types of Easements
There are several different types of easements, and each one can lead to disputes between neighbors. An express easement is created when the parties agree to it in writing. An implied easement arises when it is necessary for the reasonable use of the property and does not contradict any express agreements between the parties. This easement is not written down. A prescriptive easement is when a person is using a portion of land for an extended period of time, even if the owner did not permit the use of the land.
Easement disputes between neighbors can arise for many reasons. Sometimes, a neighbor may feel that an easement is being used in a way that is not permitted by the agreement or deed. Other times, a neighbor may believe that an easement is not being used properly and is causing a nuisance.
The most common type of easement dispute is when one neighbor tries to block the other from using the easement. This can happen when one neighbor tries to build a fence or other obstruction.
Another common type of easement dispute is when one neighbor tries to make changes to land without the other’s permission. This can include widening the path, changing the direction it goes, or building a structure.
Annapolis Real Estate Attorneys at Oliveri & Larsen Can Help You Resolve Your Easement Dispute
Easement disputes happen frequently between neighbors. However, most are easily resolved, but some rise to a more serious level. If you are having a dispute over an easement, speak with one of our Annapolis real estate attorneys at Oliveri & Larsen today. Contact us online or call us at 410-295-3000 to schedule a consultation. Located in Annapolis, Maryland, we serve clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.