Can a property owner deny the existence of an easement?

Property owners deny the existence of an easement and attempt to stop another party from using their land. Property owners try to block the legitimate use of their land under a valid easement. Two property owners cannot agree on the specific terms of an easement.

Where can I find an express easement for a property?

A survey will define the property lines to hopefully prevent any questions of land ownership or the need to file for prescriptive easements. An express easement may be contained in the deed to the property or in another document.

What’s the difference between right of way and easement law?

Property easement law, also known as right of way laws, describes the rights to use some part of a property for a specific purpose, types of easements, and easements vs. right of way.

Which is not an example of a common law easement?

It is not recognised at common law and is a creature of statute. An example might be a drainage easement along the rear of a number residential properties in favour of a water authority.

What does it mean when someone has an easement?

An easement is a right that someone has over limited use of someone else’s property. For example, say Person A owns a piece of land. Person B owns the adjoining property. However, Person B has an easement to walk through a certain area on Person A’s property. The easement is restricted to that specific use.

Do you need an attorney to negotiate an easement?

An attorney will also be able to assist you in negotiating an easement. Finally, an attorney will be able to represent you at any court hearings, should you be sued over an easement related to your property. Travis earned his J.D. in 2017 from the University of Houston Law Center and his B.A. with honors from the University of Texas in 2014.

Do you need a reference number for an easement?

Any easement that is recorded on the title to your property will include a reference number. A county clerk then can help you use that reference number to locate the original easement document for you to make a copy of. Are There Different Types of Easements?

When to use a prescriptive easement on a property?

Someone has been using a portion of the property owner’s property without their permission for a period of five years. If the owner did not stop the use during the five year period, then the person now has the right to continue using the land. Basically the prescriptive easement involves the loss of use of land to the owner.