Easement IssuesSeattle Real Estate Attorney
There are Many Types of Easements
Easement issues involve a person’s or property owner’s right to do something on another property owner’s property. There are many types of easements. The most common easements are easements for ingress and egress. These easements allow people to come and go from their property over another’s property. This scenario occurs when an owner subdivides his or her property and needs to provide access to the now landlocked property. This also exists where there are keyhole lots in subdivisions and in other situations.
Easements are also often necessary where new construction is undertaken next to existing buildings or homes. The construction crews often need to access the property they are working on over another adjacent property. Sometimes, foundational shoring needs to be tied into the existing lot or a crane needs to swing over the neighboring properties. Concessions for these temporary uses need to be negotiated and memorialized in construction easements.
City and county infrastructure often requires easements to function. There are often right of ways along the front of properties to allow for utilities. There are also utility easements that run under properties to enable the connections we need for sewer, water, and other large-scale systems to function. Maintenance easements are also negotiated to allow a neighbor to access their property by being on or over the neighboring property. This access may be limited to certain times of day or on predetermined dates.
Licenses vs. Easements
Licenses are similar to easements, the difference being that easements are permanent and licenses can be revoked by the party granting the access or other permissive use. If one is granted the right to use a portion of a neighbor’s property until such time as the neighboring property’s owner says that the use will not be permitted any longer, that person was granted a license. On the flip side, if one has a shared driveway with their neighbor, they most likely share the driveway based on one property owner having an easement over the other neighbor’s property.
Brandt Law Group can assist you in negotiating easements and/or resolving easement disputes.