If you own land or a house in Virginia there is a good possibility that you will eventually have some kind of land dispute with your neighbor. There are many different types of land disputes that can come up. These include new constructions that you disagree with, unauthorized use of your land or driveways, your neighbor building something that overhangs your land or even your neighbor interfering with the sale of your land.

The first type of dispute you need to be aware of is an easement dispute. So what is an easement dispute, and why do you need a lawyer?

What is an Easement?

An easement allows your neighbor or someone else to use a portion of your land for a limited purpose. For example, perhaps your backdoor neighbor needs to use your driveway to get to their property or the utility company may want to lay new lines. 

Easements are typically placed in documents known as “boundary line adjustments” or “deeds of dedication.” They are limited in size, length and use. A common driveway easement is either 30 feet wide or 50 feet wide, whereas a utility easement can be much smaller.

Can you make changes to an easement without permission?

No, if the person you purchased your land from gave an easement to someone else before you bought the land, you are stuck with it. You cannot take any steps to interfere with the easement. You cannot place new gates or checkpoints on the easement, you cannot place buildings within certain distances from easements, and there are other restrictions depending on where you live?

What are the common types of easement disputes?

The most common easement dispute is that someone puts a gate over an easement they have the right to use. However, easement disputes can come in many different types. An easement dispute is any dispute where someone is interfering with the use of the easement.

Why do you need a real estate lawyer?

Easement disputes are complicated, and often require hiring an expert witness to read the title documentation and view the property. If you are not careful and do not hire the appropriate witnesses and put on the right evidence, you will lose your easement dispute case. Lawyers can also negotiate reasonable resolutions to easement disputes.

Easement disputes are typically handled by pursuing the claim in the Circuit Court where the land is located at. The case is initiated through filing a complaint asking that the court resolve the pending land dispute. There are strict standards for what must be included in that complaint that a lawyer can help you with.

Therefore, if you have an easement dispute, hire a lawyer.