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What is an easement, and how does it affect property rights?

Property disputes in Georgia and elsewhere are nothing new, of course. They range over subject matter that can seem virtually limitless in its possibilities, and can either emerge in an instant or develop over decades.

Either one of those cases can apply to so-called property easements, which we spotlight in today’s post.

Easements spell interesting yet often complex subject matter. One in-depth article discussing them stresses that it’s quite common for people “to lack a clear understanding of easements and the numerous legal problems that can arise in their creation, interpretation and implementation.”

Although easements can assume many forms, the rationale in creating, recognizing and enforcing them is consistent and even arguably simple: An easement confers a party’s use/interest right in land that is owned by another person or entity.

Say, for example, that an individual rents you a home that is accessible only via a private road owned by that person. You have what is called an “easement of necessity” to use the road. The owner cannot deny you access, nor can you disabuse the property in any way that infringes on the right of the owner.

That is but a single example of a vast realm of easement possibilities. Some easements run forever (“with the land,” in legal terms), with others being applicable only to an original holder.

Property disputes involving titles, boundaries and easements are common. An involved party can often materially promote their successful resolution by enlisting timely and on-point help from attorneys at a proven real estate law firm.

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