Tampa Easement Litigation Attorney
In its simplest terms, an easement is the right of an individual or other party to use real property that belongs to another person for a specific purpose. Easements can be acquired either expressly or acquired. Easements can be given in a deed, obtained by the necessity of use, or acquired through adverse possession, which is also known as a prescriptive easement. Our Tampa easement litigant attorney explains the different types of easements and how to obtain the help you need when a dispute arises.
Types of Easements
There are many different types of easements and they are as follows:
- Easements appurtenant: These types of easements benefit an adjacent or adjoining piece of land and continues regardless of who owns the land.
- Easement in gross: An easement in gross, also known as a personal assessment, benefits a business or individual that is not related to a specific adjoining parcel, such as utility easements.
- Easement by necessity: A court creates an easement by necessity. These allow property owners to enter and leave their property that is landlocked.
- Easements by implication: When a property has been used in a certain way historically or traditionally, it has an easement by implication.
- Prescriptive easement: An easement that has been created through notorious, open, hostile, adverse, and uninterrupted use of another party’s land for at least 20 years has a prescriptive easement.
- Conservation easement: Certain parties can create a conservation easement when they want to limit or eliminate development on a certain piece of land. Governments and charitable organizations acquire these easements to preserve the cultural or historical use of land.
Easement Disputes
Easements are placed into one of two categories. They are either affirmative or negative. Affirmative easements give the holder the right to use another person’s land for a specific activity. Negative easements, on the other hand, prevent the owner from using the property for certain uses. Third parties and adjacent owners are often caught in easement disputes and some of the most common of these include:
- Identifying the layout and location of implied or express easements
- Interpreting vague descriptions of easements in deeds and deed reservations
- Scope of use for easements and rights of way
- Easements and overburdening of rights of way or claims of overuse
- Limited access over rights of way and easements
- Amending or clarifying descriptions of easements
- Establishing easements by estoppels
When you are facing one of the above disputes, or any other, it is important that you do not go through it alone. Easement disputes are extremely complicated and it is important to have legal advice when resolving yours.
Contact Our Easement Litigation Attorney in Tampa Today
As the owner of a home or business, it is important that you understand everything about the property you own, or that you might be interested in acquiring. At BBDG Law, our Tampa easement litigation attorney can advise you of your rights and help you resolve any dispute you face. Call us today at (813) 221-3759 or contact us online to schedule a consultation and to learn more.