Simply put, an easement grants a party other than the property owner the right to use portions of the property owner’s land. For example, a person may make use of a pathway that encroaches on his or her neighbor’s property in order to access his or her own property.

Easements may be instituted for any number of reasons and are not limited to the property’s surface area. Easements involving the area underneath a property or the airspace above a property are not uncommon. Problems can arise when a property owner is unaware of an easement or when an easement conflicts with a property owner’s development plans.

Most people believe that a property survey will effectively establish the boundaries of a property and uncover any easements. However, sometimes property records are unclear or are contradictory. Other issues that do not show up in a property survey, such as adverse possession where a neighbor has been using a portion of the property for years, or when previous owners have not objected to an easement, can often lead to expensive property disputes.

It is important to have experienced legal counsel on your side who can help uncover these potential issues before they create serious problems. I understand how to research and uncover easements and other potential pitfalls on property that you own or are considering purchasing. If an issue arises, I can also explore your options for cleaning up your title so that you can use your land in the way that you had planned.