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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.
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:
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.
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.
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.
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.
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.
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.
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