Blocking Entrance To Property

Using an easement to unblock property involves understanding easements, their legal implications, and how to establish or use them effectively. Here’s a comprehensive guide:

Understanding Easements

An easement is a legal right to use another person’s land for a specific purpose. Easements are often used to provide access to landlocked properties or to run utilities through neighboring properties.

Types of Easements

1. Easement Appurtenant: Benefits a particular piece of land (dominant estate) and runs with the land, meaning it is transferred with the property when sold.
2. Easement in Gross: Benefits a person or entity rather than a piece of land. These do not transfer with the land unless specified.

Steps to Use an Easement to Unblock Property

1. Identify the Need for an Easement
   • Determine the purpose of the easement (e.g., access, utilities, drainage).
   • Identify the specific area of the neighboring property that will be used.
2. Research Property Records
   • Check the title deeds of your property and the neighboring property to see if an easement already exists.
   • Visit the local land registry or county recorder’s office for property records.
3. Communicate with the Neighboring Property Owner
   • Discuss your need for an easement with the owner of the neighboring property.
   • Propose a mutually beneficial agreement, highlighting any benefits to the neighbor (e.g., compensation, improved access for both properties).
4. Negotiate Terms
   • Agree on the specific terms of the easement, including:
     • Location and dimensions
     • Allowed uses
     • Maintenance responsibilities
     • Compensation (if applicable)
   • Consider involving a mediator if negotiations are challenging.
5. Draft the Easement Agreement
   • Hire a real estate attorney to draft the easement agreement.
   • Ensure the agreement includes all agreed-upon terms and complies with local laws.
6. Formalize the Agreement
   • Sign the agreement in the presence of a notary public.
   • Record the easement with the local land registry or county recorder’s office to ensure it is legally binding and enforceable.
7. Maintain the Easement
   • Adhere to the terms of the agreement.
   • Maintain the easement area as specified in the agreement.

Resolving Disputes

• Mediation: If disputes arise, consider mediation to resolve issues amicably.
• Legal Action: If mediation fails, legal action may be necessary. Consult with your attorney to explore this option.

Using an easement to unblock property involves careful planning, clear communication, and legal formalities. By understanding the types of easements, negotiating terms with the neighboring property owner, and formalizing the agreement, you can effectively use an easement to address access or utility issues for your property.

Craig Cherney is a trusted client advisor and a sought after real estate lawyer and expert witness who is hired by the nation’s top Real Estate Litigation Attorneys to help resolve their litigated real property matters.  Craig has appeared as a testifying expert witness before judges and juries in California, Arizona, Nevada and other jurisdictions across the country. Craig Cherney, Esq. Expert Witness Real Estate. 480-399-2342.  If you are litigating an easement case, Craig Cherney might be able to help you advance and win your case.