SCHORR LAW'S REAL ESTATE BLOG

Easement Disputes: An Overview

What is an Easement?

There are many definitions out there regarding what an easement dispute is, or what the easement itself is. In simple terms, an easement is a right to use another person’s land for a specific purpose. It gives its owner limited right to use the land of the other person, or prevent the other property owner’s use of their property.

The land that is entitled to the benefit of the easement is called the dominant tenement. In other words, this is the land that belongs to someone else that is being used for a given purpose.

The land that is burdened by the easement is called the servient tenement. This is the land that belongs to the owner and is being used by another who is not the owner.

What are the Most Common Types of Easement Disputes?:

1. Driveway Access Disputes: You’ve been using your driveway for as long as you can remember. Suddenly, your neighbor tells you that part of of your driveway belongs to them. Now your car no longer fits. What now?
2. Road Access Disputes: Picture this – You recently purchased property, but find out it is landlocked. You now need road access to get to the property. Who are you going to call? Schorr Law’s Easement Attorneys.
3. Parking Disputes: These disputes involve parking in a certain spot (you thought was your own land) for years only to find out that it is actually not your property.
4. Preventing Someone From Blocking Your View: This one speaks for itself.  This is generally governed by CC&Rs or local ordinances.
5. Billboard Easement Disputes: Billboard easements come into play when constructing a billboard on a piece of land that you or a company does not own and you need the right to do so.  Often times these involve maintenance issues or access issues.

How are Easements Disputes Solved and Created?

An easement may be created by, among other things, the following ways: express grant, express reservation, an implied grant, an implied reservation, necessity, prescription, a recorded covenant, dedication, condemnation, estoppel, or a court decision.

 Our attorneys at Schorr Law can help resolve your easement disputes. Do you want to know if there is something we can do for you? Call us at (310) 954-1877. You can also send us a message through our Contact Form. 

See our SCHORRxVID on Easements below: