What is an easement problem?
- 1 What is an easement problem?
- 2 What does it mean when a neighbor has an easement?
- 3 When to ask for a negative easement on a home?
- 4 Is it legal to use someone else’s easement?
- 5 What can an affirmative easement be used for?
- 6 Should I grant an easement to my Neighbor?
- 7 Can My Neighbor get an easement or access?
- 8 How to settle property easement disputes?
- 9 Do I have legal easement rights on neighbors property?
What is an easement problem?
An easement is a “nonpossessory” property interest that allows the holder of the easement to have a right of way or use property that they do not own or possess. An easement doesn’t allow the easement holder to occupy the land or to exclude others from the land unless they interfere with the easement holder’s use.
What does it mean when a neighbor has an easement?
An easement is a legal term used to describe an “interest” to use a piece of land that you do not physically own. For example, your neighbor owns a piece of land directly behind your land and he does not have direct access (frontage) to the road.
When to ask for a negative easement on a home?
A negative easement may be requested when your property is causing or could potentially cause a problem to your neighbor. Perhaps you are building a second story addition that will be an eyesore or block their view of the beach or other scenery.
Is it legal to use someone else’s easement?
Not surprisingly, easements calling for the use of someone else’s property is an area ripe for disputes as owners, circumstances, and uses change; as a result, easements are one of the most heavily litigated areas in real property law. This is even more so in more rural areas, such as Lake Tahoe, Truckee and its surrounding areas.
What can an affirmative easement be used for?
An affirmative easement is essentially a request to use your property out of necessity. For example, your neighbor may need to run wires or pipes underground to service their property. In other situations, a neighbor may need to cross your property to access theirs and request to build a drive.
Should I grant an easement to my Neighbor?
Granting the Easement to a Neighbor If the landowner has a strong or positive relationship with a neighbor, he or she can grant the other person with an easement. However, if the process is only verbal, it is not often legally binding if there is a complication or legal problem that arises in the future.
Can My Neighbor get an easement or access?
Your neighbor cannot obtain an easement for convenience without your consent. There is no such doctrine in the law. A party can obtain an easement by necessity, which generally relates to what you have indicated are landlocked parcels of property.
How to settle property easement disputes?
- you should keep your interactions regarding the property easement dispute in writing.
- Schedule a face-to-face meeting. Negotiations generally fare better when the two parties can meet in person and discuss the issues at hand.
- Share the information you’ve gathered.
Do I have legal easement rights on neighbors property?
An easement is a legal right to use property you do not own . A common form of easement is the right to use a driveway which run across your neighbor’s property. This kind of easement may sometimes be referred to as a “right of way.” However, you do not have to be a neighboring land owner to get an easement.