Do I need a lawyer for an easement?
Broadly speaking, an easement is a more serious property right; it is the legal right to use someone else’s land for a particular purpose. While you do not need a lawyer to create or grant an easement to your neighbor, it can be a good idea to retain one.
Can you sue for an easement?
When one landowner seeks an Easement over a neighbour’s property if the matter cannot be resolved, the person seeking the Easement can approach the Court, usually the Supreme Court of New South Wales to seek an Easement over the neighbour’s land for a specific purpose for example, to drain water (stormwater easement).
How are easements created in mt.easement law?
How Easements Are Created in MT. Easement may be granted which benefit a particular parcel of land or which benefit a particular individual. When an easement benefits a specific parcel of land it is referred to as an easement appurtenant. Easements appurtenant are characterized by the existence of a dominant estate and a servient estate.
How to prevent easement disputes in your area?
Other easement issues may involve allegations of: The best way to prevent easement disputes is to hire a qualified real estate attorney to draft and record the easement. If you are currently involved in an easement dispute, do not resort to self-help.
What makes an easement appurtenant in real estate?
Easements appurtenant are characterized by the existence of a dominant estate and a servient estate. The dominant estate is the property which benefits from the easement. The servient estate is the property which is burdened by the easement. Easements that benefit a specific individual, on the other hand, are referred to as easement in gross.
When to use a strict necessity easement?
Easements by necessity – One of the most common forms of easements by necessity is known as a “strict necessity” easement. These are used when a property owner is practically unable to access their own property except by traveling over property owned by another party, whether it be a neighbor or a government agency.