It is highly common that boundaries may be unclear and neighbors may argue over where a boundary begins and ends. These disputes become even more contentious when one neighbor has invested a lot of money in a fence or building along a disputed boundary.
An easement is the right of one individual to use the property of another individual for a limited purpose (i.e. right of way, utilities, etc.). Easements can be expressly agreed upon by two parties or they can be implied in any prior use or necessity. If two property owners use an easement, both parties may be liable for its maintenance. A dispute about an easement can also include the easement’s location and the granted purpose. Unfortunately some easements may exist, but may not be recorded in any official office. Property buyers and sellers should attempt to review the officially recorded easements and the unofficial easements.
In addition, the very nature of an easement across one person’s property for the benefit of another person is inherently contentious. Individuals may argue over who maintains the easement or what it can actually be used for or where it is located or even if it exists.
In order to discuss your rights and review the procedures for determining where an easement or boundary is located, call Skinner Law Group today at (480) 422-3440 to schedule your real estate consultation.