Easements and Boundary Disputes

At Charles Bean & Associates, We Can Help With Your Real Estate Legal Needs.

Easements and Boundary Disputes

 

When branching out into a new business endeavor, not all entrepreneurs want to start from scratch. Indeed, many may prefer to buy and revamp existing businesses to bring them in line with their own business models and branding. While this can result in great success, buying and selling businesses can be very complicated. What’s more, loans for business acquisition can be hard to qualify for. As such, seller financing can be an ideal solution for buyers and sellers. In order to ensure that all parties are adequately protected, a seller financing contract should be drafted by a qualified and experienced attorney.

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What Are Easements and Boundary Disputes?

 

Boundary disputes occur when two (or more) neighbors claim ownership of a piece of land as part of their property. Easements are slightly more complex. They involve the legal right for a person or organization to use another property owner’s land under certain specific conditions.


What Are the Three Types of Easements?

 

There are certain circumstances under which a neighbor or organization might be legally entitled to cross or otherwise access your land (or vice versa). Typically, these conditions fall under one of three types of easements:

Appurtenant Easements

This easement allows a property owner access to land that’s only accessible through a neighbor’s land. This kind of easement is attributed to the property rather than the individual.

Gross Easements

As above, this is an easement that grants access rights, but the rights are granted to an individual or a company rather than to the property itself.

Prescriptive Easements

Also informally known as “squatter’s rights, a prescriptive easement is when someone is using a property owner’s land regularly for a certain period of time without restrictions from the owner. This amount of time may vary depending on state law.

Who Has the Right to Use an Easement?

 

Under some circumstances, neighbors can use easements. One instance might be if they need to access their property from their driveway through your land. Most commonly easements are used by other entities such as water, gas, electric and cable / broadband companies.


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How to you Find Information About an Easement or Boundary on Your Property?

 

If you think that a neighbor or other party is using an easement that you want to dispute or if there are disagreements pertaining to boundaries, contact a real estate attorney for a review of your claim.


How do you Challenge an Easement or Boundary?

If you want to challenge an easement or dispute a boundary, the matter needs to be referred to the courts. Preparing the documentation upon which you can build your case can be time consuming and bewildering if you aren’t conversant with real estate law, which is why you should always enlist the aid of a real estate attorney to requisition the relevant documents, advise you of your legal rights, and help you build a solid case.

With decades of experience in real estate law, you can trust Brian J Bean of Charles Bean & Associates PLLC to help with your easement or boundary dispute. With a proven track record of success in the field you won’t find a real estate attorney who works harder for you in Coeur D’Alene.

Get in touch with us today to arrange a free consultation!

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