Easement Litigation Attorney
We can work with you to resolve your property dispute
Property disputes and many other real estate matters frequently involve easements. This is especially true in real property litigation cases involving boundary disputes between adjacent property owners.
Knowing what to do in such a situation can be confusing. Even knowing what your rights or legal obligations are might not be clear. That’s why it’s critical that you consult with an attorney familiar with this area of the law and these types of cases.
Our knowledgeable legal team at Eller Tonnsen Bach, LLC thoroughly understands the rules and regulations governing such complex legal matters. That’s because we have extensive experience dealing with business litigation cases throughout South Carolina and North Carolina. There’s no substitute for such experience or expertise. That’s why we’re the law firm many companies and business professionals choose to handle their easement-related issues.
What is an easement?
The word easement refers to the legal right another person, business or organization has to use all or part of a piece of property for a specific purpose, even if someone else owns that particular piece of property.
Common examples of an easement include a utility company’s right to have access to a utility pole located on someone’s private property. Another example may be public access to a road or right of way that runs through someone’s property.
Two important terms regularly apply when referring to easements – dominant estate and servient estate. The phrase dominant estate refers to the person or business who has the right to use an easement but who does not own the property. The phrase servient estate refers to the owner of the property on which an easement is located.
What are common types of easements?
There are three main types of easements. These include:
- Easement Appurtenant – This type of easement is connected to the property itself and is not associated with a specific property owner or limited to a specific period of time. Instead, this type of easement is often described as “running with the land.” An example might be a driveway shared by two houses. The driveway will continue to be shared by both property owners, regardless of who owns the property or if one property is sold in the future.
- Easement in Gross – This type of easement is connected to a specific person or company, not the property itself. The most common example are the easements utility companies have that grant them to access utility poles and power lines located on someone’s private property.
- Easement by Prescription – This type of easement is an unwritten, unofficial easement that develops due to someone using another property owner’s piece of land without expressed, written permission for a long period of time. The amount of time varies from one state to another.
In addition, easements are often divided into four categories. These are:
- Private easement – An easement that gives the public the right to use the property.
- Public easement – An easement that gives specific people or businesses the right to the use the property.
- Affirmative easement – An easement that allows the authorized party to use the property for a specific purpose.
- Negative easement – An easement that prohibits specific use of the property.
Whatever the type of easement you’re dealing with, it’s critical that you fully understand the rules and regulations governing the easement in question. That’s why it’s important to talk with a lawyer who fully understands this area of the law and who has extensive experience dealing with such complex legal cases.
What are common easement litigation cases?
Easement disputes can cover a wide range. Some of the most common disputes involve:
- Property owner attempts to void an existing, legal easement.
- Property owner attempts to amend an existing easement without permission.
- Someone attempting to use someone else’s property without permission.
- Disputes over the exact location of a property line.
Easement disputes can quickly become contentious. Depending on the nature or the severity of the dispute, the purchase or sale of a property could even be jeopardized due to an easement dispute. Our attorneys understand the seriousness and urgency of such cases. That’s why we take an active, hands-on approach to resolving such disputes in a timely, cost-effective manner.
How can an attorney resolve an easement dispute?
There are many different ways a lawyer may be able to resolve your easement dispute. Such solutions may include:
- Meeting with the other party or their attorney to resolve the dispute in an amicable manner.
- Negotiating a settlement agreement from one party on behalf of another.
- Filing a lawsuit or taking other legal action against someone who has violated a legally binding easement.
Each case often presents its own, unique challenges. That’s why it’s important for your attorney to develop a strategy that addresses your specific legal needs.
Why choose our law firm
Experience matters when it comes to choosing a law firm to handle your easement dispute. That’s why many professionals, small business owners and Fortune 500 companies select us to handle their easement dispute case.
We’re very careful as well when it comes to choosing who we represent. That’s because we’re mindful of not taking on too many clients at one time. That way, we can devote our attention to resolving each case in a timely manner and keeping clients informed of the status of their case.
We also understand the importance of achieving measurable results. It’s not just enough to work hard. We constantly strive to achieve positive outcomes. Contact our law firm and discover what we can do for you. Schedule an appointment at one of our three office locations in South Carolina and North Carolina.