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Your rights under easement

| Jan 6, 2021 | Real Estate

Easements can be confusing features of real estate law, but it is important to clearly understand the easement process and your rights. An easement is something that almost every business owner will face, especially if the company is on property owned by someone else.

The start of an easement

An easement exists when a business has the right to use another piece of land that is under someone else’s ownership. It could even be that you as the business owner allows someone else to use your business property. The beginning of an easement does require that you make some type of contract or written document whether that is a will, transfer of deeds or another form of contract.

Rights under an easement

In a general sense, the individual who owns the easement has the right to do anything on the property for the purposes of the contract. It is important, however, that the piece of real estate does not receive unnecessary damages or burdens. If there is damage, you may face various legal challenges including:

  • Changes in the contract on purposes of the easement
  • Monetary compensation
  • Termination of the easement

How to end an easement

Most easements are permanent, but they can face termination if necessary. Purchase of the business or real estate is one manner of termination while abandonment is another. Final construction and condemnation of the property are also forms of termination for the easement.

Getting legal help

Though easement is sometimes difficult to understand, it is an important piece of business law. Ensure that you follow all legal guidelines for the easement, no matter which side you are on, to avoid troubles such as monetary compensation or terminations. If there is a breach of contract or you do run into legal troubles, contact a lawyer as soon as possible. A lawyer may be with you every step of the process to ensure that you understand your rights and responsibilities.