Easements are a complex area of real property law that can confuse and aggravate New York property owners. The purpose of this post is to provide readers with some basic information about easements. However, readers are reminded that no part of this post should be used or read as specific legal advice. When questions about easements or other property rights arise, it is a good idea for the interested parties to seek the counsel and guidance of real property lawyers in their communities.
Basics on easements
One of the most important things that readers should understand about easements is that they do not give possessory rights to holders. What in easement does is create a nonpossessory interest or right away across the property of another person.
One of the most common examples of an easement discussed under the law is that of a landlocked property. If a parcel of land has no access to roads or other means of ingress or egress, the owner of the locked property may seek an easement across the land of another individual to gain access to a road. The holder of the easement does not own the land of the other but has the right to use it for a specific purpose.
Problems that can arise from easements
Although they may not seem complicated, easements can create big problems for landowners. For example, if a property owner never grants another party an easement across their land but discovers that their land has been used in a particular way by others, the users of their land may be granted an implied easement that the property owner cannot overcome. Similarly, easement holders may attempt to use more of a property owner’s land than granted in an easement in ways that threaten the property owners use and enjoyment of their property.
When easements come up under the law, it is a good idea to have real estate and property attorneys review and advise on their appropriateness and legality. An easement can threaten the property rights of a landowner. Legal support is available for those who are fighting easement issues on their own.