There are many types of disputes between neighboring properties, including boundary disputes, easements, encroachments, and duties of common owners, neighbors and common road owners. In all of these situations an experienced real estate attorney should be consulted to obtain a proper perspective on your rights and obligations.
There are many situations where someone else may have or claim a right to use your property even though you own it. The most common situation involves an easement over your property. Familiar easements are rights of way, private roads, public utility easements, and well easements. These types of easements are often, but not always, recorded in deeds.
Disputes may arise over who owns an easement, when a structure encroaches upon an easement, or when an easement has been blocked or abandoned.
It is important to understand the ways in which use of your property may be restricted due to an easement. Almost all easements are limited to use for specific purposes and specific users. Also, easements often carry with them the obligation to care and maintain the easement.
Although easements are usually created by an express grant of the right to others, easements can also arise based upon the conduct of the parties, recorded plat maps, mutual consent, or the longstanding use of the easement, i.e., "prescriptive use" or "adverse possession."
It is important that property owners not delay in resolving disputes regarding the use of or rights in real property, driveways, easements, boundaries, encroachments and wells. In all of these cases the law imposes strict time limitations in which to act in order to preserve property rights.
Please call The Brereton Law Office at 831-429-6391 to schedule an initial consultation and analysis regarding your real estate dispute or concern.