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Photo of Christopher B. Kleister and Paralegal Jennifer L. McCarthy
Photo of Christopher B. Kleister and Paralegal Jennifer L. McCarthy
Photo of Christopher B. Kleister and Paralegal Jennifer L. McCarthy
Photo of Christopher B. Kleister and Paralegal Jennifer L. McCarthy
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Understanding easement disputes in New York

On Behalf of | Jun 17, 2024 | Real Estate Law

With an easement, people may use another person’s property for a specific reason. The details of these types of agreements frequently become the heart of property-related conflicts in New York. Awareness of these issues protects property rights and healthy interactions across the state.

What is an easement?

An easement is a legal right to use a shared driveway or utility line on someone else’s land. Although it grants the easement holder certain usage rights, the agreement doesn’t transfer land ownership. It exists by a formal contract outlining the conditions and scope of use.

Common easement disputes in New York

The most common causes of easement conflicts are misunderstandings or arguments over the easement’s use or related responsibilities. Conflicts may develop if the property owner blocks the easement area. 

Another common cause is the easement holder excessively using a shared route. Disagreements can happen over who handles maintaining the easement-covered land or real estate.

Resolving disputes over easements

Parties seeking an amicable resolution to an easement dispute first go through negotiation or mediation. Litigation could result if these methods are unsuccessful. 

In these situations, the courts decide how to properly and effectively apply the agreement by reviewing the original easement papers. They’ll also take historical use into account. The aim is to avoid doing undue harm to any party while respecting their rights and goals.

Insights on property use and legal rights

Effective handling of easement issues requires knowledge of the specific legal framework. Create a location with well-defined and recognized property rights to avoid property interactions and conflicts. This proactive strategy guarantees that all parties enjoy the spaces to the best extent possible while helping preserve peace.