How To Deal With Neighbor Easement Problems
When neighbors are involved in easements the agreement will become binding from a legal standpoint with a signed contract agreed between the two parties. There are instances when a neighbor can select a legal solution for particular matters and endeavor to get the property owner forced into an easement scenario.
A Good Relationship
When there is a good relationship between neighbors and an easement is required, the landowner may agree with the neighbor to benefit in some manner from the land while retaining ownership with a document that is legally binding. It is sometimes necessary because there can be restrictions on the land the other party owns.
The Association and Company
When a neighbor happens to be a company or corporation an easement may be required for parking or to provide utility access, trash easements, or other uses. The owner of the real property may have an arrangement with the new owner and if it is of a positive nature, the landowner may provide an easement dependent on the contractual clauses and other associated benefits with the land.
Granting Easement
Easements can be granted when there is a good relationship with a neighbor. Often it is just verbal and not legally binding. It is often best to get the services of a real estate lawyer to set out the easement agreement. If the neighbors are on friendly terms, costly and contentious legal action can be avoided. But it is still a good idea to have a real estate lawyer look at everything to ensure no rights are being forfeited.
Easement Process
When it does go to court the resolution of issues by judgment will be recorded in the county clerks office. Sometimes easements are possible through public utility company needs. A neighbor may have similar requirements and go through the county court system as well as using a lawyer to help the process along to compel the neighboring landowner to consent to such an easement.
Easement To The Neighbor
When the landowner decides to pursue situations that are forceable, the owner of the real property owner may use a revocable license that can later cause the benefits to be terminated based on the degree of easement that has been granted. This is where a lawyer comes into play to assemble the paperwork and help protect the rights of the owner of the real property. With a license that can be revoked, the agreement can be terminated by the landowner for any reason at any time.
Easement And Need
Normally an easement is only sought by a neighbor with the owner of the land when there is a specified need often related to the complimentary usage of the real property. Speaking with a lawyer regarding the scenario is vital to make good use of easements that may be available.
Legal Support
A lawyer’s professional service is especially important in matters of easements. Rights may need to be retained or released by the landowner and it is important to get the correct kind of easement applied so property rights are not forfeited. A lawyer is experienced in these issues and essential to the process.
Source: Hg.org, www.hg.org/legal-articles/neighbor-asked-for-an-easement-do-i-have-to-agree-51554.
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