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When disputes arise over express easements

Among the things that can be very impactful for commercial property owners are easements. These are rights of use that a person has on the property of another. One common type of easement that can be present when it comes to commercial property is an express easement.

What is an express easement?

This is an easement that was directly created through a legal document, such as a deed. These easements are generally required to be in writing.

Common express easement disputes

Some might assume that, since express easements are in writing, they would always be pretty straightforward and wouldn’t be a big cause of disputes. However, such an assumption is incorrect. Such easements can be a source of confusion, disagreements and disputes.

Some common things that can trigger express easement disputes include:

  • Unclear easement terms: When the terms of an express easement are vague, disputes can arise about the easement’s scope and what uses are, and are not, permitted under the terms.
  • Access blocking: Sometimes, actions by a property owner block the use allowed by an express easement. Contentious legal disputes can come out of allegations that an owner has engaged in such actions.
  • Use beyond the scope of the easement: Major disagreements can arise when an easement user uses a property in a way that a property owner claims is not allowed under the terms of the express easement.

The effects of such disputes

Commercial property owners may own property that has express easements on it. They also might use easements on neighboring properties. In either situation, when a dispute arises in relation to an easement a commercial property owner has a connection to, what happens with the dispute can have major ramifications for the owner. For, one it could have impacts on his or her ability to use his or her property in the way he or she intended.

Navigating disputes

So, what steps a property owner takes when navigating such disputes can matter a great deal. What steps would be the best fit for a property owner’s goals and interests depends on the situation. Skilled easement attorneys can help commercial property owners with protecting their interests in express easement disputes.

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