Easement disputes are fairly common. As background, as easement is the right of use over the property of another. In other words, the right of a non-owner of real property to use the real property of another.
At Schorr Law, APC, our real estate attorneys have significant experience creating easement and resolving easement disputes. The following list includes just some of our experience with easements:
- Successfully negotiated a cross-access easement for storm drainage connectivity and detention pond rights;
- Resolved a commercial property dispute involving reciprocal use of a commercial parking lot in a commercial retail center;
- Resolved a commercial parking lot dispute concerning the use and maintenance of an easement between an office building and an adjacent hotel;
- Helped establish an easement for use of a driveway in a residential lot line dispute;
- Litigating multiple disputes (boundary disputes) involving claims of an equitable easement and a prescriptive easements by one neighbor against claims of trespass and nuisance of another neighbor;
- Litigating prescriptive easement cases involving utility access;
- Engaging expert real estate appraisers to evaluate and argue severance values associated with equitable easement claims;
- Interpreting easements and helping solidify rights under easements pursuant to recorded amendments.
Often times easement disputes can be resolved without the need for court invention. This is true because easement disputes typically involve adjoining parcels of land (neighbors) and as a result each party as incentive to resolve the dispute with as little animosity as possible because at the end of the dispute the parties will still be neighbors. Our attorneys understand the time to be aggressive and the time to be collaborative.