A Basic Guide To Easements
Property rights granting a stake in land owned by someone else are known as easements. These legal instruments are commonly misunderstood, leading to a host of judicial issues and entanglements. A bit of enlightenment regarding these contracts can help reduce conflict between named parties. Our Commercial Law lawyer DelCo PA can shed more light into easements. In the meantime, here is a fast overview regarding this intriguing legal device.
Easement Basics
Individuals authorized by easements have the right to enter a property officially owned by someone else. Under a positive easement, a homeowner has no right to deny the possessor of the easement entry. Less common are negative easements, which come with restrictions attached.
Easement Creation
The same formalities are required for these contracts as they are for any other form of legal documentation. A written agreement complete with signatures and dates is requisite. Occasionally, courts may identify the existence of an easement simply by interpreting a particular situation. Examples include the location of an estate within a landlocked area or pre-existing land usage that impacts another area.
Easement Rights
Designees of easements generally have the right to do as they wish regarding a named space, so long as their activities do not impede the rights of the owner. By the same token, the property holder may make alterations to the home and land, provided these changes do not impede the easement holder’s access. When conflicts arise and courts get involved, restrictions may be established or the agreement terminated. The ideal outcome involves mediation, where a compromise is attained without entering a courtroom.
Easement Transfers
Like other legal agreements, the beneficiaries of easements can be altered. Although changes of this nature are atypical, some states have passed laws making amendments easier. For example, the transfer of easements related to commercial entities such as pipelines, railroads and telephones is now relatively common. Our Commercial Law lawyer DelCo PA can help you in your easement transfer.
Easement Termination
Typically, easements are crafted to be permanent. That said, there are numerous ways these agreements can dissolve. One is through the estate’s owner buying out the easement holder. Occasionally, an easement is abandoned or property misuse triggers a shift in status.
Nevertheless, neither of these scenarios can be characterized as legally definitive.
Easements can be an effective solution when it comes to satisfying individuals who desire access to a single location. Our Commercial Law lawyer DelCo PA at Hoegen & Associates, P.C. is properly versed in the field should always handle their creation, interpretation and dissolution.
Contact Hoegen & Associates, P.C. today, we have Commercial Law lawyer DelCo PA that specializes in easements. We will assist you concerning this unique legal matter.
