How do you resolve easement disputes?

Property owners who are frustrated by an easement can resolve the problem several ways:

1. Enter into an agreement with the easement holder to terminate the easement.
2. Buy the adjoining property.
3. Explore legal remedies to limit or terminate the easement.

What is considered abuse of an easement?

For example, if A has the right to drive across B’s property, to use it as a driveway, A’s land is the dominant estate and B’s is the servient estate. If A later purchased an adjacent lot and began to use his easement across B’s land to service the newly-purchased lot, then A has abused or misused his easement.

Can easements be challenged?

Easements are legal — and sometimes not so legal — rights to the use of property granted to a nonowner. You’ll probably have to take the matter to court by filing a civil lawsuit so that you can achieve the clear title, but you can remove problematic real estate easements in several ways.

Resolving an Easement Dispute with Your Neighbor

1. Send a demand letter on attorney letterhead to your neighbor informing them of your easement ownership and right to use the driveway.
2. Negotiate with the neighbor with the threat of legal action as leverage.
3. File a lawsuit seeking an injunctive order to enforce the easement.

It almost always requires some sort of overt legal action or procedure to remove an easement. You’ll probably have to take the matter to court by filing a civil lawsuit so that you can achieve the clear title, but you can remove problematic real estate easements in several ways.

Can a condemnation of an easement be reinvested?

Easement agreements often include provisions for the payment of severance damages to land retained by the owner that can be offset against the basis of the land. Amounts received under condemnation or threat of condemnation may qualify for nonrecognition of gain if they are reinvested as provided in Sec. 1033.

How is sale of easement treated for tax purposes?

The transaction alternately can be treated for tax purposes as a sale of land, a sale of an easement, or a lease of or license to use land. In addition, a typical transaction may include payments to the property owner for damages to easement land or to land retained by the property owner, which are treated differently for tax purposes.

What’s the best way to terminate an easement?

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

Can a conveyance of a perpetual easement be a sale?

A conveyance of a perpetual easement where the grantor retains no significant beneficial rights is considered a sale of the underlying tract of land. 5 Property owners commonly retain beneficial rights to use the subservient property, provided they do not interfere with the use of the easement.