2 things an easement does not allow

On Behalf of | Jan 29, 2025 | Real Estate |

An easement is a legal agreement giving someone access to another person’s property. For instance, two people may share a driveway because one property is cut off from the main road. An easement ensures that the back property owner can continue to use that driveway and cannot be impeded from crossing the front property.

However, easements are usually very specific. Whether they’re used for access, utilities or another purpose, they don’t give the other party any property ownership rights. This means that, even with an easement in place, there are specific things that people are not allowed to do. Below are two examples.

Permanent occupancy

First of all, they can’t permanently occupy the land. For instance, the property owner who is crossing the driveway is not allowed to build a garage on the easement so that they don’t have to use the driveway. It is not their land, and they cannot make any permanent alterations. They are simply allowed to cross it when necessary.

Excluding others

Moreover, the person who has the easement does not have an exclusive right to use that land. They can’t exclude someone else from using it. The only time they may be able to do so is if the other party is interfering with their ability to use the land as legally instructed. But as long as they’re still allowed to use it under the terms of the easement, they can’t prevent someone else from also doing so. Once again, they do not have ownership rights to that property.

Disputes about easements and real estate can get complex, and those involved need to know what options they have. Having experienced legal guidance can help.

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