How Can a Real Estate Lawyer Help With Easements and Rights of Way?

Monday, March 15, 2021

Did you know that you need legal permission to access someone's real property? An easement is the legal right to use someone else's land for a specific purpose. A right of way involves allowing someone to travel through your property to get to another destination.
You may be wondering how you can receive an easement and right of way. This is where a real estate lawyer becomes helpful for you. This article will describe the ways in which you can turn to a real estate lawyer to gain easement on a property.

Creating an Easement

Easements can be created using a transfer in a written legal document, such as a will, contract or a deed. They require negotiations between the owner and the requesting party. When it comes to drafting easements which are successful and legally recognized, you will need the help of a real estate lawyer.

This is because they will understand the necessary procedures and requirements to create an easement that will retain the landowner's right to their own property.

Moreover, the process of negotiating an easement can be supported by having a lawyer. You are essentially asking an owner to give up some of their own access to a land, whether temporarily or permanently. Because of this, you'll have to come to the table with a strong argument as to why.

A real estate lawyer will be able to conduct vigorous research on your behalf. They will think through all the necessary considerations that can make an owner more willing to sign an agreement.

Reviewing the Contract

If you choose to create the easement yourself, you can enlist a real estate lawyer's help to review the contract and underscore any glaring errors. Instead of facing the possibility of litigation on the grounds of an unreasonable use of easement, you will have the help of attorneys, who understand the rules you need to comply with and the ways you can defend that an easement is useful for the public.

Disputing an Easement

If you are the owner of a land and you feel that someone's use of your property borders on trespassing, or if you are using someone's property but they are beginning to dispute your easement, you may end up as the liable party and be asked by the court to back down.

To understand and navigate around easement disputes, you will need a highly experienced real estate lawyer. They will be able to review your situation and determine whether or not you are at fault, and how you can defend your case if need be.

Hiring a Real Estate Lawyer for an Easement

Overall, getting and preserving an easement can be challenging for anyone to do without the help of a real estate lawyer. Lawyers can help you achieve your easement by negotiating with landowners, reviewing the contracts to determine that everything adheres with the state regulations, and can support you through an easement dispute.

Contact us today to access our legal services.

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