Owning property might sound like a self-contained, solitary experience, but it often involves negotiating with other entities. Consider the lines marking the edge of your real estate property and someone else’s. That certainly puts you in contact with someone else, especially in the eyes of the law. Property boundary questions are one thing, but what happens when city water pipes run underneath your land? What if the only way a neighbor to access their front door is via a path on your property? Then chances are you’ll be involved in or need an easement agreement—the legally-binding right for one party to use the property of another.
Easements can clearly spell out the permission for you to make use of someone else’s real estate or for someone else to make use of yours. They are also legal documents that must follow the nuances of the law. If you suspect you need an agreement with another party concerning property use, you should seek the counsel of an experienced Cedar Rapids easement attorney. Our skilled legal team can help you draft the terms of an easement and also assist you if you find yourself challenging the terms of an existing easement.
The Creation of Easements
Easements can be created in a variety of ways. For example, an easement might be established by:
- Express grant or reservation: created by a written document, express easements set forth the scope of the agreement in a contract or deed
- Necessity: if a parcel of land has been divided in a way that makes it impossible for a property owner to access spaces without crossing over someone else’s real estate, an easement is “necessary”
- Prescription: if a person has openly been using someone else’s land for a set period of time, they can argue they have a right to a prescriptive easement
A clear, fair easement can satisfy property owners and users of the property alike. However, entering into any legally-binding agreement has its risks, and easements are no exception. If you own property, you may find yourself burdened with unforeseen inconveniences. If you are looking to use someone else’s property, you might unintentionally sign away some of your rights. An experienced easements lawyer can help you create a new easement, review an easement, and even fight against unjust or unlawful parts of an existing easement.
The legal team at the Arenson Law Group, PC can help you secure the best deal possible in an easement. Our many satisfied clients can attest to the usefulness of our extensive knowledge and analytical skills. Contact us today by calling (319) 363-8199 to discuss your easement and learn more about our services.
Written by James H. ArensonLast Updated : October 13, 2023