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Rights Under an Easement

An easement is a non-possessory agreement to legally use another party’s property. This most often becomes necessary when a landlocked property requires the use of neighboring property to access. Companies and government institutions may also seek easements in order to use property for installing public service systems such as sewage pipes or electric grid poles. In the negotiation process, a landowner may ask for compensation for the use of the property as well as partial aid in property tax payments. An easement holder then has the right to use that negotiated and settled part of the property to fulfill whatever is reasonably necessary for the purpose which the easement was acquired.

Legal Remedies to Protect Landowner

When the easement holder unduly burdens the servient property owner or original property owner, remedies may be awarded to them. Remedies for a servient property owner might include the following:

  • Monetary damages
  • Restriction of use for easement holder
  • Termination of easement

Similarly, the servient property owner may limit the reasonable use for the easement holder. This might include obstructing the shared property and unduly burdening the dominant property owner. Remedies for the easement holder, in this case, would include the following:

  • Removal of obstruction at owner’s expense
  • Compensatory damages

An easement agreement is negotiated in order to alleviate burdens to either party. It is important for both parties to understand and protect their rights.

Contact a Plano Real Estate Attorney

Owning and maintaining land is an expensive asset that deserves protection. If you or someone you know is involved in an easement dispute, contact the experienced real estate lawyers at Gagnon, Peacock & Vereeke, P.C.. Speak to a legal professional about your options and possible compensation by calling (214) 824-1414 today.

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