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Easement disputes sometimes arise in real estate transactions

There are all sorts of things that can be issues in major real estate transactions. One such thing are easements.

An easement is a nonpossessory right regarding a property owned by someone else. Most easements tend to involve the right to use a portion of the land of another. One example of an easement is a property owner being given the right to use a path on a neighboring property to get to and from their property. Much of the time, easements come into being through a written document.

Some easement-related questions that can arise in transactions involving a piece of real estate include:

  • Do any preexisting easements exist regarding the property the transaction involves?
  • If there is a preexisting easement, will this easement remain in place?
  • Will any easements be created as part of the transaction?
  • If an easement will be created, what will the scope of this easement be?

Issues such as whether the property they are purchasing is subject to an easement and whether the property they are purchasing will be granted an easement on a neighboring property can have major effects on whether the buyer in a real estate transaction will be able to use the property they are purchasing the way they plan to. Thus, easement issues can sometimes be a rather big deal in real estate transactions. Thus, it does not come as much of a surprise that disputes over easements sometimes arise in such transactions.

When an easement dispute arises in a real estate transaction, finding a workable way to resolve the dispute can sometimes be a vital step to getting the transaction to be able to go through as planned. Attorneys can help parties involved in real estate transactions try to find ways to resolve any easement disputes or other disputes that come up during transaction negotiations.

Source: FindLaw, "Easement Basics," Accessed March 4, 2015

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