NY Easement Disputes Attorney

Whether you’re a property owner having to deal with an unexpected easement disagreement, a developer struggling with access rights, or a neighbor caught in a trespass claim, easement disputes tough to resolve without legal representation.

At Richman Law Firm PLLC, we help New Yorkers with easement disputes. We work closely with all our clients, clearly explaining the legal alternatives for each case and strategizing to deliver the best possible outcomes. Contact us today for a free consultation.

Understanding Easements in Real Estate

An easement is a legal right to use another person’s land for a specific purpose. Common easements include the right to cross a neighbor’s property to reach your own or utility easements that enable power companies to install and maintain lines.

Similarly, rights of way typically refer to a person’s or the public’s legal right to travel unhindered over another’s property, commonly used for roads and sidewalks.

Dominant & Servient Land

Two key terms are often used to describe the structure of an easement: dominant land and servient land. The dominant land is the property that benefits from the easement, while the servient land is the property that grants the easement.

For instance, if an easement allows someone to cross their neighbor’s property to reach their own, their property is the dominant land while the neighbor’s is the servient land.

Common Types of Easement and Property Disputes

NYC real estate is normally a significant investment, and protecting your property rights is a must. Easement and property disputes can take many forms, and we’ll discuss the most common.

Trespasses

Trespass disputes typically involve someone unlawfully entering or using another person’s property. This could be a neighbor who regularly crosses land without permission or a company that installs utility lines on a property without an easement.

The legal consequences of trespassing include financial penalties and civil charges under tort law. In addition, trespassing can disrupt the owner’s use of an easement or right of way, leading to further disputes. Hiring a New York real estate attorney is a must to resolve these issues.

Title Disputes

Title disputes can sometimes involve disagreements over the scope or extent of easement rights, such as whether an easement only allows for pedestrian access or permits vehicular access. If there are conflicting property ownership claims, disputes take place over who has the right to grant or use an easement.

Easements are often documented in property titles. If property titles have discrepancies or inaccuracies, they could affect the validity or interpretation of easements associated with the property.

Fake Deeds

Fake deeds are fraudulent documents intended to transfer ownership of a property. This can lead to a range of complex legal issues. 

For instance, individuals may attempt to create fake easements by fabricating deeds or other legal documents to grant easement rights over a property. These fake documents could be used to assert rights to use someone else’s land without the actual property owner’s consent. If you suspect you have been targeted by fraud, hiring a skilled New York attorney is highly recommended.

Adverse Possession

Adverse possession happens when someone adversely takes property contrary to the owner’s interests. Easements and adverse possession can intersect when adverse possession impacts the land over which an easement exists or when easement rights are acquired through continuous use over time. However, the impact of adverse possession on easements can vary depending on the circumstances of each case.

Prescriptive Rights

Prescriptive rights are similar to adverse possession. However, prescriptive rights involve using another person’s land for a specific purpose rather than owning it outright.

This concept is often called “prescriptive easements” or “easements by prescription,” meaning that after continuous and uninterrupted use, one gains the right to use someone else’s property without permission. 

Adverse possession can lead to land ownership if certain conditions are met over time. In contrast, prescriptive rights can lead to land use if certain conditions are met, but without gaining ownership.

Encroachment

Encroachment disputes in the context of easements happen when someone’s property or structure infringes the rights granted by an easement holder. An easement grants a specific right to use someone else’s property for a particular purpose, such as access, utilities, or passage. Encroachments occur when a property owner builds something (such as a fence, shed, or landscaping) that interferes with the rights granted by the easement.

Resolving encroachment disputes may require careful negotiation handled by experienced legal counsel. Failing to resolve such conflicts can result in an order to remove the encroachment, damages for any harm suffered, and interference with the rights of the non-encroaching property owner.

Riparian Rights

Riparian rights relate to using and owning water bodies adjacent to a property. In some cases, easements may be granted over riparian land to facilitate access to a water body or to provide utilities such as water lines or sewer pipes. For example, a property owner may grant an easement to a neighboring property owner to allow them to access a river or stream for fishing or boating.

Riparian rights include the exclusive entitlement to access navigable water, reasonable access to and from navigable water, and the reasonable use of water that touches or flows through a property.

Easement Termination

Easement termination involves legally ending the right to use another’s land for a specific purpose, which can take place in many ways. An easement may expire if established for a limited duration, or the easement holder may voluntarily release it. It may also end through a merger when the ownership of both the easement and the land merges, abandonment by the holder, or if the necessity that justified the easement ceases to exist. 

Ending an easement requires going through legal documentation and possible court proceedings, so it is advisable to seek legal representation.

Liability Issues

Liability issues can take place when someone is injured on a property, especially if they were there because of an easement or right of way. 

Typically, the easement rights holder bears the primary responsibility for accidents or injuries on the easement. Should you face a potential easement-related liability issue, it’s very important to consult a lawyer to understand your legal rights and duties. Our experienced team of legal professionals can help.

Contact Us for a Free Consultation

Easement disputes, whether they involve property access, trespassing, or rights of way, require a knowledge of New York real estate litigation. Led by NY easement disputes attorney Scott Richman, we treat every case individually. You’re not just another case number to us. Trust Richman Law Firm PLLC’s result-driven and personalized service. Contact us today for a free consultation.

 

Frequently Asked Questions

What is an easement?

An easement is a legal right to use someone else’s property for a specific purpose without owning it. This can include rights of way, access to utilities, or other limited uses of the property.

How does adverse possession relate to easements?

Adverse possession allows someone to claim ownership of property if they’ve used it openly and continuously for a specified period without the owner’s permission. In some cases, long-term use of an easement without the property owner’s consent can lead to a claim of prescriptive easement through adverse possession.

What is a prescriptive easement?

A prescriptive easement is a type of easement that’s created through long-term use of someone else’s property without their permission. If certain conditions are met, this use can become a legal right over time.

What are riparian rights?

Riparian rights refer to the rights of landowners whose property borders water. These rights can include access and use of the water, which can sometimes lead to disputes with neighboring property owners.

How can a New York easement disputes attorney help me?

An experienced attorney can:

1. Review your property documents and assess the validity of easement claims
2. Negotiate with other parties to resolve disputes
3. Represent you in court if litigation becomes necessary
4. Help protect your property interests and legal rights

How do I know if there’s an easement on my property?

Easements are typically recorded in property deeds or land records. A title search can reveal existing easements. If you suspect an unrecorded easement, consult a real estate attorney.

Can easements be terminated?

Yes, easements can be terminated in several ways, including:

1. Agreement between the parties
2. Abandonment by the easement holder
3. Merger of the dominant and servient estates
4. Court order

What is the difference between easements and encroachments?

Under real estate law, easements are legal rights to use another’s property for a specific purpose, while encroachments are unauthorized intrusions onto someone else’s property. Key differences:

• Easements are authorized; encroachments are not.
• Easements grant specific rights; encroachments are physical intrusions.
• Easements often benefit both parties; encroachments typically benefit only one.
• Easements are usually permanent; encroachments can be resolved through removal or legal action.

Can easements lead to title disputes in NYC?

Yes, easements can lead to title disputes as they often involve conflicting interests between property owners. Easements give someone the right to use another person’s land for a specific purpose, such as access, utilities, or drainage, without owning it. Disputes take place when there’s disagreement about boundary disputes or the existence, extent, or use of the easement, which can impact the property’s value and its title.