When you purchase real estate, it is important to know if there is already an existing easement. With an easement in gross, you may be able to cancel that easement or negotiate with the other property owner about whether or not it will be upheld. With an easement appurtenant, however, you often have an obligation to uphold it because it is part of the property that you purchased.
Easements can sometimes lead to real estate disputes. They should be disclosed prior to a sale, for instance, and a dispute could occur if a buyer claims they were not told that the easement existed in the first place. They can also cause issues after the sale, such as when a new owner tries to eliminate an easement and the other party claims they do not have the right to do so.
What rights go along with an easement?
Typically, an easement just gives another person the legal ability to access the land, often to use it for a specific purpose. But they are not allowed to permanently occupy that land, alter the land in a significant way or prevent the property owner themselves from using the easement.
For example, if one property does not have a driveway that connects to the main road, that property owner may have an easement on an adjacent property, allowing them to cross it to reach their own land. But they are not allowed to put up gates that prevent others from accessing the land, and they could not build permanent structures, like a garage. All they can do is use the shared driveway responsibly to gain the access that they need.
In some cases, disputes over easements revolve around improper use, and these types of real estate conflicts can grow very complicated. Those involved need to know what legal options they have and how the law applies in their unique case.
