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LAWS
INVESTMENT PROPERTY UPDATE
Easements and Enroachments By Michael Dinsmoor Q: What is an easement? A: An easement is what allows a person or persons to legally use your property for a specific purpose. For example, easements are often granted to telephone companies or public utility operators for things such as running telephone lines on or under your property. If you share a common driveway with your neighbors, that is also an easement. Q: Is a ‘right of way’ the same thing as an easement? A: A right of way is a type of easement. Property owners can grant right of ways so others can travel over or enjoy their property, so long as those who are visiting the property do not interfere with the owner’s use and enjoyment of the property. Right of ways can be very beneficial for a community. Q: When does the use of my property become an encroachment instead of an easement? A: Easements can be both beneficial and inconvenient. The easement or right of way on your property may be helpful for the community in allowing others to enjoy your land, but it can also bring problems. People who travel across your land may unintentionally cause damage to your property. If you purchased the property with the easement already on it, then you inherit the easement with the property. An encroachment is when someone enters onto your property without authorization, meaning there was no easement in place to allow that person to enter your property. Legal action may be taken against someone who encroaches
upon your land, and you may be able to recover damages if the encroacher damaged your property. Q: My neighbor has easement rights on his land, and his property is directly next to mine. If he sells his property, is there any way I can obtain control of the easement on his property before or after he sells? A: Unfortunately the only way to gain control of the easement is to purchase the land to which it applies. If you really want the easement, you may have to purchase your neighbor’s land. In cases where there is a dispute between you and the owner of the easement, it is best to try to address the issue with your neighbor as politely and carefully as possible. But first, to make sure you cannot later be accused of trying to interfere with the sale of your neighbor’s land, it is best to get the advice of an attorney. Michael Dinsmoor is the managing editor for the Investment Property Update. She received her B.A. in English from Biola University in 2007 and her Masters of Fine Arts in Creative Writing from Chapman University in 2010.
Philippians 4:8-9 Finally, brothers, whatever is true, whatever is noble, whatever is right, whatever is pure, whatever is lovely, whatever is admirable —if anything is excellent or praiseworthy— think about such things.
Issue # 1107.03
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