A real estate easement is a nonpossessory property interest in someone else’s land. It allows the holder of the easement to use property that he or she did not originally possess. Easements don’t allow the holder to actually occupy the land or to exclude others from the land. However, the regulations behind easements can be muddy and confusing, which can lead to various kinds of easement disputes.
Research Your Own Property Rights: One way to establish an easement is through a property deed. You should evaluate all property titles and ownership documents, which includes your deed, to clarify any agreements regarding easements on your property. You can also hire a licensed surveyor who can physically locate and mark your property boundaries. Another option is to get a property appraisal to determine the value of your property that is subject to the easement dispute, or you can hire a real estate attorney who can help you analyze your property documents.
Negotiate with the Other Party: After you do your own evaluations, you should try scheduling a face-to-face meeting with the other person involved in the dispute. Most of the time, the dispute is a result of miscommunication or a misunderstanding, so it’s important to correspond efficiently. Make sure to give your other party time to make their individual assessments, and then try to reach a resolution together.
Use an ADR: An ADR, or alternate dispute resolution, is an option for you and the other party if you are not interested in filing a lawsuit and going through litigation. The two main forms of ADR are mediation and arbitration, and both of you have to decide which option works best for your easement dispute.
If none of these dispute options work for you and the other party, filing a lawsuit is your best alternative. The attorneys at PHMJC, LLP provide expert real estate dispute services for clients all throughout Northern California. Contact us today for a free consultation.