One reason for disputes between two real estate owners is when an easement has been breached. An easement is an agreement that someone who is not a property owner is allowed to use the land in a specific way. But a violation could cause legal trouble, and it may be necessary to go to court to define land usage rights and other things of this nature.
Easement breaches can happen in many different ways. To some degree, it depends on the type of easement that was signed. But to see how this may happen, below are three examples.
Permanent occupancy
First and foremost, the person who is authorized to use the land under the conditions of the easement is still not allowed to permanently occupy that property. An easement may give someone permission to use a shared driveway to cross the property, for example, if their own property is cut off from the road. But that doesn’t mean that they can build a structure on it, such as a garage.
Obstruction of use
Additionally, the easement holder is not allowed to obstruct anyone else’s legal use of the property. They can’t prevent the property owner from using their own land as they wish. They must remember that the easement doesn’t actually give them any property ownership rights.
Not upholding the easement after a sale
Finally, one type of easement is known as an easement appurtenant. This means that it “runs with the land” or is part of the real estate itself. Even if the land is sold to another party, the easement must still be honored. If the new landowner doesn’t do so, that could be a violation of the agreement – even though they didn’t sign that agreement initially.
These are very complex disputes, so it is crucial that all involved understand the legal options they have moving forward.
