Dallas Easement Disputes Attorneys
Easements are an important but often misunderstood aspect of property rights under United States law. At their core, easements provide groups or individuals with a right to the use or access of a property owner’s land for some particular purpose. However, the precise nature of easement rights can often become a source of contention, and easement disputes are not uncommon.
Easement disputes can have significant consequences for both property owners and the possessors of the easement, and experienced legal help is often crucial to ensuring that your rights and interests in these situations are effectively safeguarded. If you are involved in an easement dispute in Dallas or Fort Worth, the attorneys at Gagnon, Peacock & Vereeke, P.C., know how frustrating it can be to deal with on your own, and we make it our goal to provide those in these situations with the help they need.
Our Easement Dispute Practice Areas
In general, the three main types of easements include:
- Easement in Gross – Property is solely involved in these easements, and the rights of other owners will not be considered. A good example of a dispute over this type of easement would be a utility line underneath a property. If the title company failed to disclose to buyers the existence of a properly recorded easement in gross, the title insurer will either need to have the easement moved, or pay for the diminished value of the property.
- Easement appurtenant – These easements often allow for individuals to use a part of your property for access to another area or their property. For example, a parcel of land that has no public access, to which need for access must be demonstrated.
- Prescriptive easements- If someone uses a portion of an owner’s property openly and without permission, this is known as a prescriptive easement. These are hard to discern since they are not on the title and the location and use can vary.
Easement disputes can arise in a number of different contexts. At Gagnon, Peacock & Vereeke, P.C., we can help if you are involved in an easement dispute relating to:
- Utility easements – These areas on a property are designated for use by utility companies when the property was first placed on a plat. These can be for overhead or underground electric, cable or telephone lines, sewer, or water lines.
- Private easements – These easements limit the enjoyment or use of an area of a property to restricted individuals. An example of a private easement is the right to draw water from a well that is on the dominant land.
These are just some of the many different types of cases that our dedicated legal team can handle effectively.
How Easements are Created
Easements are usually created by a contract, through a written agreement between parties. You will need a written instrument, a description of the location of the easement and the interest, signatures between parties, and delivery to the easement holder.
What Options Do I Have as a Property Owner?
If you believe that you have been unduly burdened by an easement due to the easement holder’s unreasonable use, you can take legal action. Depending on the specifics of your situation, you could be able to:
- File an injunction – The court could restrict and terminate the easement holder’s rights to use it.
- Damages – You could be owed monetary damages for loss of value to the property caused by the easement holder’s unreasonable use.
It is a good idea to speak with an experienced easement dispute attorney to discuss your rights and legal options before taking any action.
Speak with an Easement Dispute Lawyer in Fort Worth
If you are involved in an easement dispute, we can help to see that your rights and interests are fully upheld. Contact the lawyers at Gagnon, Peacock & Vereeke, P.C., today at (214) 317-4448 to speak with a qualified member of our experienced legal team and find out what we can do for you.