The FAQs You Need To Know About Easements
Trespassing is a serious crime in California, but what happens when the only way to get to your piece of land is through your neighbor’s? Or you use a shared driveway, but are uncertain who is responsible for maintaining it. In situations such as these, you may need to seek out an easement. Easements are property rights that allow you the use of land, but not necessarily ownership of it.
Whether you encountered this term while purchasing real estate or are in the midst of a property dispute, you likely have many questions. Let the Law Office of Ethan A. Glaubiger help you get answers. Below are responses to some of the most common inquiries we see. For legal assistance or more specific concerns, do not hesitate to reach out to us.
Q: Do I need an easement if I need to use a neighbor’s property to access my own?
A: Yes. If you cannot reach your property through public means, your neighbor may grant an easement that allows you the use of a privately owned road. In most cases, however, a standing easement may already be in place. Our attorneys can work with you to review your property deed for a preexisting agreement or help you obtain one as needed.
Q: What if my neighbor won’t agree to an easement?
A: If your neighbor denies your request for an easement, your best option is to consult an attorney. Here at our firm, we will work with you to contest their refusal and fight for your right to reasonable use of the disputed property.
Q: Does an easement expire?
A: This depends on the specific details of your easement. If you are unsure of the status of your property’s easement or want to draft a new one with limitations, talk to our legal team today.
Q: How do I terminate an easement?
A: An easement can be terminated, but it will depend upon the terms in the agreement. Individuals cannot simply decide to close off access without complying with the specific requirements in place. There are other circumstances where an easement may end, but each situation is different. If you are seeking a termination, speak to an attorney first.
Turn To Us With Your Concerns Today
Easements are often complex and more so when properties exchange hands. As such, they are best handled with the guidance of a lawyer who is well-versed in real estate law.
For more information on easements or to discuss your unique situation with us, call our Santa Rosa office at 707-387-0955. You may also use our online intake form to schedule your consultation today.