Easements & Rights of Way
Easements and rights of way grant one party limited use of another’s land for a specific purpose, such as road access, shared driveways, or utility lines. These rights do not transfer ownership but create legally recognized interests that define how property may be used. Our firm represents property owners, developers, and investors in developing, interpreting, and resolving issues involving easements and rights-of-way.
SERVICES
CREATION & DOCUMENTATION OF EASEMENTS
Easements can arise through express written agreements, recorded deeds, or implied conduct. Clearly defining the scope and purpose of an easement at the time of creation prevents future conflict between neighboring landowners.
EASEMENT DISPUTES & ENFORCEMENT
Conflicts involving easements often concern interference, overuse, or attempts to terminate an established right of access. Enforcement depends on the easement’s language, history of use, and whether the servient or dominant estate holder has violated its terms.
PRESCRIPTIVE & IMPLIED EASEMENTS
Some easements are not formally written but arise through long-standing use or necessity. A prescriptive easement may be established when someone uses another’s property openly and continuously for a legally defined period. Implied easements may exist when property divisions create a practical need for continued access.
TERMINATION & MODIFICATION
Easements may be modified or terminated through mutual agreement, abandonment, merger of ownership, or expiration of their stated term. Proper documentation and recording of these changes are necessary to clear the title and avoid future disputes.
EASEMENTS IN REAL ESTATE TRANSACTIONS
Easements can significantly affect property value, development potential, and title marketability. Buyers, sellers, and lenders must understand existing easements and restrictions before closing a transaction.
