You get a new neighbor when someone purchases a property behind yours. Because they are cut off from the main road, they begin crossing your property to access their own.
Naturally, you quickly have questions about what type of access is allowed and whether or not they can enter your land. Perhaps you confront them about it. Your neighbor says that they have no choice but to cross your property because there is no other access road. You, on the other hand, believe that no one should be on your property without your express permission.
This can lead to a significant dispute over property rights and access rights, and the answer often lies in whether or not there is an easement.
What is an easement?
An easement is an agreement where someone else can use your property in a specific way. The aforementioned example is one where easements are often established, giving someone the right to cross another person’s property. These easements are sometimes agreements between two property owners, but they can also be connected to the land itself, so that the easement remains even if someone sells that property.
It is important to note that an easement does not give the other person any level of ownership. Your neighbor cannot change or alter your property, nor can they permanently occupy it.
That being said, easements are not automatic. If your neighbor did not already have one in place that was connected to the land—an easement appurtenant—they do not have an inherent right to cross your property just because they bought an adjoining plot of land. They would need to get a legal easement put in place first.
These types of property disputes can be complex and contentious, so take the time to carefully look into all of your legal options.
