An easement is a legal agreement between a property owner and someone else — often a neighboring property owner. For example, when one piece of real estate doesn’t have direct access to a main road, the landlocked owner may be granted an easement allowing them to cross an adjacent property, perhaps by using a shared driveway.
That said, disputes over easements sometimes arise when certain violations occur. It’s very important for both parties to understand exactly what the easement authorizes and what is not permitted under its terms. Below are two common ways an easement can be violated or breached:
1. Permanently altering the land
Generally speaking, the easement holder is not allowed to make permanent changes to the property. For instance, someone who is permitted to use a shared driveway cannot install fences or gates or build a garage on that portion of land. They have the right to use the property for access, but they do not own it, so they cannot fundamentally alter it.
2. Preventing access by the original property owner
Another issue arises when the easement holder tries to deny access to the property owner. In the example above, the individual with the easement is allowed to use the driveway to reach their own property, but they cannot prevent the actual property owner from using that driveway as well. If the easement holder begins taking actions that interfere with the property owner’s use of their own land, it could be grounds for legal action – and potentially lead to the loss of the easement.
These types of real estate disputes can become complex, so it’s important for all involved parties to understand their rights and legal options.