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Easements may cause issues for property owners

8/4/2016 | Real Estate Blog

An easement is a property right that may affect you whether or not you own real property in Pennsylvania. Briefly, an easement is an agreement that allows one party to use, for a particular purpose, the real property of another. While many easements are simple in principle or effect, the agreements creating and enforcing easements should be carefully crafted because they alter real property ownership rights.

There are many types of easements, but the two most common are right-of-way and utility easements. A private landowner might grant an easement to a government entity or to a utility company so power lines can be maintained. A government agency may also claim an easement based on public domain to build a road or give the public access to a park. An attorney with experience in real estate law may be able to help draft or review the relevant documents to make sure the property owner’s interests are protected.

The attorneys at our firm are skilled in real estate matters, including easement issues, and have a history of assisting residential homeowners and commercial developers alike in meeting their objectives. If it makes sense to all parties involved, an easement may be the best way to make efficient use of the property. You may negotiate or be entitled to payment as part of granting the easement.

There are also many cases where the parties disagree as to the prudence or existence of an easement. In such cases, our attorneys may be able to help by negotiating with adverse parties or by drafting and filing legal documents to enforce easement rights or to defend against a claimed easement. Please visit our easement page for more information about the process.