An easement is a right to use a parcel of real estate for a specific purpose. For example, the owner of a tract of land that does not directly border a road may have the right to cross his or her neighbor’s property to access the road. Public entities and utilities have easements for underground pipes, overhead wires and other infrastructure. However, disputes can arise concerning the relative rights of the landowner and the easement holder. When this happens, especially in the course of selling or developing a property, a legal resolution must be worked out.
There are various ways of creating easements, but they fall into two basic categories: express or implied. An express easement is made in writing, typically in a deed or a contract containing an assignment of rights. This document sets out the purpose, scope, location and duration of the easement. An express easement can also be created by eminent domain, using the government’s condemnation power, to serve a public purpose.
Implied easements can arise in a number of circumstances, such as these:
Easement disputes can arise for various reasons, such as these:
Whether you own property or you hold or seek an easement, an experienced attorney can help you quickly resolve an easement dispute while defending your interests. At the Chicago litigation firm of Schwartz & Kanyock, LLC, we take a strategic approach, finding creative and cost-effective solutions for our clients. Call us 312-436-1442 today or contact us online to schedule a consultation.