Home Blog Easement Dispute: Types, Causes, Resolution Steps, Legal Help

Easement Dispute: Types, Causes, Resolution Steps, Legal Help

This page explains what an easement dispute is, its types and causes, and when to consult with a lawyer on ContractsCounsel for legal help.

Jump to Section

An easement dispute is a disagreement that arises between neighbors over shared land, such as a driveway between the two properties. They’re a common source of disputes between neighbors, can be stressful, and can negatively impact your living condition.

Luckily, entering into an easement dispute doesn’t have to land you both in court or cost you a lot of money because there are effective ways to resolve them promptly.

In this article, we feature some common examples of easement disputes, how to deal with them, how to prevent them so you have better relationships with your neighbors, and when you should consult with a lawyer.

What are Common Types of Easement Disputes?

The most common easement disputes arise over the following:

Utility Easements

This type of easement dispute involves utility companies who require access to the shared area or property, such as to maintain water pipes or electricity.

One neighbor might try to prevent the utility company from having access, which could cause the other neighbor to view the behavior as hostile.

Easement by Necessity

This type of easement, as its name suggests, means that the easement needs to occur for practical reasons. For example, the easement might be the only way in which the property can be accessed, such as if it’s on a private road.

Maintenance and Repair

Neighbors might argue over whose responsibility it is to maintain and/or repair the property. For example, if the shared driveway between two properties needs to be repaired, parties might disagree on who should pay for it.

Termination

Easements can be terminated, but this could be a source of conflict if one party doesn’t think the easement is necessary but the other party does.

Vague or Confusing Documents

Parties might argue over vague easement clauses in the document, especially if they’re interpreting them differently.

How Should You Deal with an Easement Dispute?

When you find yourself arguing with your neighbor over an easement situation, there are some things you should do to deal with it promptly so it can be resolved.

Review Your Easement Document

Review your easement document so you can see what your rights and duties are, as agreed to by both parties. This can also help you spot any red flags that your neighbor is violating the document terms.

If you need help with understanding a complex or confusing document, you can hire a lawyer on ContractsCounsel, an online legal network connecting clients with vetted lawyers for contract drafting and review.

To hire a lawyer for this purpose, simply post your project on the platform for free, so lawyers will send you bids. You can hire a lawyer best suited to your situation, based on their experience, credentials, and reviews.

They’ll help you review the document so that you know all your options for resolving the dispute.

Chat to Your Neighbor

Sometimes, the best way to resolve an easement dispute is to chat to your neighbor about your concerns. Be empathetic and willing to listen to their perspective so that you can find a way to resolve the disagreement.

If you and your neighbor tend to get into heated arguments, set some ground rules, such as that the conversation will end unless you speak to each other in a calm, empathetic manner.

If you manage to agree on a solution you both approve of, try to get it in writing. This will prevent future disputes.

Consider Mediation

If you’ve tried to talk to your neighbor in a civil way but you can’t reach an agreement, hiring a third-party mediator can help. This neutral individual will facilitate communication that’s constructive and enables you to reach an agreement together.

Instead of telling you what to do, during mediation you and your neighbor will brainstorm together to resolve the dispute.

Hire an Arbitrator

Should mediation not be successful, you can hire a third-party, neutral arbitrator to help you reach a settlement. This is more formal so it’s ideal for more serious cases. The arbitrator will listen to both parties’ perspectives and deliver a final, legally-binding resolution to the dispute.

How Can a Lawyer Help You During an Easement Dispute?

Working with a lawyer can help you find the best resolution to your easement dispute. Here’s how they’ll assist you throughout the process.

  • They’ll review the easement document to see what your rights and duties are, and what grounds you have for your case.
  • They’ll negotiate with your neighbor to deal with and resolve the dispute.
  • They’ll initiate quiet title actions. These clarify title ownership if this is required to settle the dispute.
  • They’ll help you gain injunctions. If your neighbor is engaging in illegal or unfair activities, your lawyer can get you an injunction that stops them. Similarly, they can draft cease and desist letters.
  • They have extensive legal knowledge about different state laws, providing you with legal and fair solutions that keep you on the right side of the law.
  • They’ll represent you if the dispute heads to court.

How Can You Prevent an Easement Dispute?

You can avoid easement disputes from getting out of control and harming your relationship with your neighbors by doing the following things.

Keep Communication Open

You and your neighbor should try to have open communication so that when a minor issue arises, it can be resolved between you in a prompt, civil manner. By being open to negotiating, you’ll be more likely to reach a settlement you both agree on.

Draft Clear Documentation

Hire a lawyer from ContractsCounsel to draft a clear, transparent, and fair easement document. They will ensure that all information in the document is easy to understand so that parties don’t experience misunderstandings or misinterpretations.

Keep Written Records

To prevent misunderstandings between you and your neighbor in future, you should put any changes to the easement in writing. You can gain assistance with this from a lawyer to ensure it’s done accurately.

Do you need an easement dispute lawyer?

If you’re struggling with an easement dispute, hire a lawyer from ContractsCounsel. They’ll use their skills and expertise to help you find the best solution for your situation to effectively resolve it and protect your property.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a dispute

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,430 reviews

Meet some of our Lawyers

Briana C. on ContractsCounsel
View Briana
5.0 (60)
Member Since:
February 15, 2021

Briana C.

Founder, Branch Legal LLC
Free Consultation
Boston, MA
14 Yrs Experience
Licensed in CA, MA, NY
Columbia University School of Law

Legal services cost too much, and are often of low quality. I have devoted my law practice to providing the best work at the most affordable price—in everything from defending small businesses against patent trolls to advising multinational corporations on regulatory compliance to steering couples through a divorce.

Recent  ContractsCounsel Client  Review:
5.0

"Briana was responsive and quick to put the draft together. It has been a pleasure working with her!"

Jo Ann J. on ContractsCounsel
View Jo Ann
5.0 (7)
Member Since:
February 23, 2021

Jo Ann J.

Partner
Free Consultation
Boston, MA
30 Yrs Experience
Licensed in MA
Suffolk Universtiy Law School

Jo Ann has been practicing for over 20 years, working primarily with high growth companies from inception through exit and all points in between. She is skilled in Mergers & Acquisitions, Contractual Agreements (including founders agreements, voting agreements, licensing agreements, terms of service, privacy policies, stockholder agreements, operating agreements, equity incentive plans, employment agreements, vendor agreements and other commercial agreements), Corporate Governance and Due Diligence.

Recent  ContractsCounsel Client  Review:
5.0

"Greatly appreciate Jo Ann's responsiveness and quick turnaround. Brought an incredible amount of knowledge and experience to a project I have little experience in."

Jeremiah C. on ContractsCounsel
View Jeremiah
5.0 (69)
Member Since:
March 5, 2021

Jeremiah C.

Partner/Attorney at Law
Houston
18 Yrs Experience
Licensed in NV, TX
Thomas Jefferson

Creative, results driven business & technology executive with 27 years of experience (17+ as a business/corporate lawyer). A problem solver with a passion for business, technology, and law. I bring a thorough understanding of the intersection of the law and business needs to any endeavor, having founded multiple startups myself with successful exits. I provide professional business and legal consulting. Throughout my career I've represented a number large corporations (including some of the top Fortune 500 companies) but the vast majority of my clients these days are startups and small businesses. Having represented hundreds of successful crowdfunded startups, I'm one of the most well known attorneys for startups seeking CF funds. I hold a Juris Doctor degree with a focus on Business/Corporate Law, a Master of Business Administration degree in Entrepreneurship, A Master of Education degree and dual Bachelor of Science degrees. I look forward to working with any parties that have a need for my skill sets.

Recent  ContractsCounsel Client  Review:
5.0

"I really enjoyed working with Jeremiah. He answered all my questions and did a great job on the contract work I needed."

Benjamin W. on ContractsCounsel
View Benjamin
5.0 (32)
Member Since:
March 11, 2021

Benjamin W.

Founder
Free Consultation
Los Angeles, CA
11 Yrs Experience
Licensed in CA
UCLA School of Law

I am a California-barred attorney specializing in business contracting needs. My areas of expertise include contract law, corporate formation, employment law, including independent contractor compliance, regulatory compliance and licensing, and general corporate law. I truly enjoy getting to know my clients, whether they are big businesses, small start-ups looking to launch, or individuals needing legal guidance. Some of my recent projects include: -drafting business purchase and sale agreements -drafting independent contractor agreements -creating influencer agreements -creating compliance policies and procedures for businesses in highly regulated industries -drafting service contracts -advising on CA legality of hiring gig workers including effects of Prop 22 and AB5 -forming LLCs -drafting terms of service and privacy policies -reviewing employment contracts I received my JD from UCLA School of Law and have been practicing for over five years in this area. I’m an avid reader and writer and believe those skills have served me well in my practice. I also complete continuing education courses regularly to ensure I am up-to-date on best practices for my clients. I pride myself on providing useful and accurate legal advice without complex and confusing jargon. I look forward to learning about your specific needs and helping you to accomplish your goals. Please reach out to learn more about my process and see if we are a good fit!

Recent  ContractsCounsel Client  Review:
5.0

"Benjamin was a great communicator. He understood that I was looking to negotiate, not litigate. Very happy with the work. Hiring him for a second project now."

David B. on ContractsCounsel
View David
5.0 (1)
Member Since:
April 1, 2021

David B.

Attorney
Free Consultation
Trussville, Alabama
30 Yrs Experience
Licensed in AL
Birmingham School of Law

A twenty-five year attorney and certified mediator native to the Birmingham, Alabama area.

Recent  ContractsCounsel Client  Review:
5.0

"David was able to meet my turnaround time and still do a thorough job and provide great feedback on my document."

Rebecca S. on ContractsCounsel
View Rebecca
5.0 (2)
Member Since:
April 6, 2021

Rebecca S.

Attorney/Owner
Free Consultation
San Diego, CA
15 Yrs Experience
Licensed in CA, DC, VA
New England School of Law

I absolutely love helping my clients buy their first home, sell their starters, upgrade to their next big adventure, or transition to their next phase of life. The confidence my clients have going into a transaction and through the whole process is one of the most rewarding aspects of practicing this type of law. My very first class in law school was property law, and let me tell you, this was like nothing I’d ever experienced. I remember vividly cracking open that big red book and staring at the pages not having the faintest idea what I was actually reading. Despite those initial scary moments, I grew to love property law. My obsession with real estate law was solidified when I was working in Virginia at a law firm outside DC. I ran the settlement (escrow) department and learned the ins and outs of transactions and the unique needs of the parties. My husband and I bought our first home in Virginia in 2012 and despite being an attorney, there was so much we didn’t know, especially when it came to our HOA and our mortgage. Our real estate agent was a wonderful resource for finding our home and negotiating some of the key terms, but there was something missing in the process. I’ve spent the last 10 years helping those who were in the same situation we were in better understand the process.

Recent  ContractsCounsel Client  Review:
5.0

"Rebecca you were awesome I appreciate you working with me and helping me get this done. I look forward to working with you in the future."

Don G. on ContractsCounsel
View Don
4.9 (21)
Member Since:
March 1, 2021

Don G.

Attorney at law
Free Consultation
Oklahoma City, OK
25 Yrs Experience
Licensed in TX
Texas Tech School of Law

Texas licensed attorney specializing for 22 years in Business and Contract law with a focus on construction law and business operations. My services include General Business Law Advisement; Contract Review and Drafting; Legal Research and Writing; Business Formation; Articles or Instructive Writing; and more. I am able to draft and review contracts, and have experience with, contract law and business formation in any state. For more insight into my skills and experience, please feel free to visit my LinkedIn profile or contact me with any questions.

Recent  ContractsCounsel Client  Review:
5.0

"Don is very responsive, knowledgeable, efficient and professional."

Meghan P. on ContractsCounsel
View Meghan
4.8 (6)
Member Since:
February 15, 2021

Meghan P.

Attorney
Free Consultation
San Francisco
8 Yrs Experience
Licensed in CA
University of Dayton

I am a licensed attorney and a member of the California Bar. I graduated from the University of Dayton School of Law's Program in Law and Technology. I love IP, tech transfers, licensing, and how the internet and developing technology is changing the legal landscape. I've interned at both corporations and boutique firms, and I've taken extensive specialized classes in intellectual property and technology law.

Recent  ContractsCounsel Client  Review:
5.0

"Meghan was great to work with! She understood everything perfectly and delivered greatly."

Charlotte L. on ContractsCounsel
View Charlotte
4.6 (2)
Member Since:
February 25, 2021

Charlotte L.

Self-Employed Legal Consultant
Free Consultation
Arlington, VA
12 Yrs Experience
Licensed in DC, VA
University of Virginia School of Law

I hold a B.S. in Accounting and a B.A. in Philosophy from Virginia Tech (2009). I received my J.D. from the University of Virginia School of Law in 2012. I am an associate member of the Virginia Bar and an active member of the DC bar. Currently, I am working as a self-employed legal consultant and attorney. Primarily my clients are start-up companies for which I perform various types of legal work, including negotiating and drafting settlement, preparing operating agreements and partnership agreements, assisting in moving companies to incorporate in new states and setting up companies to become registered in a state, assisting with employment matters, drafting non-disclosure agreements, assisting with private placement offerings, and researching issues on intellectual property, local regulations, privacy laws, corporate governance, and many other facets of the law, as the need arises. I have previously practiced as an attorney at a small DC securities law firm and worked at Deloitte Financial Advisory Services LLC. My work experience is dynamic and includes many short-term and long term experience that span across areas such as maintaining my own blog, freelance writing, and dog walking. My diverse background has provided me with a stong skill set that can be easily adapted for new areas of work and indicates my ability to quickly learn for a wide array of clients.

Adam B. on ContractsCounsel
View Adam
Member Since:
March 5, 2021

Adam B.

Managing Partner
Free Consultation
San Mateo, California
28 Yrs Experience
Licensed in CA
McGeorge School of Law

With over 25 years of experience in the technology sector, I am a strategic business counsel, outsourced general counsel, and a leader of high-performing legal teams aimed to help maximize the efficiency of all stakeholders. I recently joined the renewable energy space with the addition of a new client on its way to becoming the first Chinese battery company to build a battery manufacturing presence in the US beginning with a 1+ GWh cell and pack plant, and a domestic anode and cathode plant. In my most recent full-time role, I served as the Sr. Director and Assistant General Counsel at SMART Global Holdings, where I served as the general counsel for the HPC and AI division of this publicly traded holding company, comprised of four companies, before becoming the global head of the commercial legal function across all portfolio companies, including two multinational industry leaders. During much of my career, I provided outside legal services on a recurring basis for several years advising several high growth start-ups and venture firms as well as house hold names, and also led one of the country's fastest growing infrastructure resellers and managed services providers. My core competencies include contract review, commercial negotiation, legal operations, information security, privacy, supply chain and procurement, alliances and channel sales, HR, and general corporate. I am passionate about leveraging my legal skills to achieve business solutions, supporting innovation and growth in the technology sector, and helping maximize the commercial flow and efficiency at growing companies. I hold an undergraduate business degree, a JD, a MSBA Taxation, and certifications from the California Bar Association, Six Sigma, and ISM.

Ema T. on ContractsCounsel
View Ema
Member Since:
March 12, 2021

Ema T.

Contract and IP Attorney
Free Consultation
New York, NY
8 Yrs Experience
Licensed in NY
Chicago Kent

I am a NY licensed attorney experienced in business contracts, agreements, waivers and more, corporate law, and trademark registration. My office is a sole member Law firm therefore, I Take pride in giving every client my direct attention and focus. I focus on getting the job done fast while maintaining high standards.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a dispute

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,430 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Real Estate Lawyers
EASEMENT DISPUTE LAWYERS BY CITY
See All Easement Dispute Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a dispute

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,430 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city