What Can I Do if My property Encroaches on the Neighboring Property?
Full Question:
Answer:
Case law has held that an oral easement is a revocable license, which is a mere privilege to enter another’s land for some delineated purpose. Easements are typically required to be in writing to satisfy the statute of frauds. A license is not subject to the statute of frauds and freely revocable at the will of the licensor unless estoppel applies to bar revocation. Estoppel will apply to bar revocation but only when the licensee has invested substantial money or labor or both in reasonable reliance on the license’s continuation. It may be possible to negotiate an easement agreement with the current owners. Please see the links to the forms below.
An easement gives one party the right to go onto another party's property. There are basically two types of easements- easements in gross and appurtenant easements. Easements in gross are personal rights given to individuals or specific groups. Once the easement owner dies or, in the case of corporations, dissolves, the easement terminates. Appurtenant easements are more permanent and are given to both the property and its owner. If the property owner with an easement sells the property, the new buyer gains the easement rights that belong with the property. To be a legal appurtenant easement, the properties involved must be adjacent to each other and must be owned by separate entities.
When the title is transferred, the easement appurtenant typically remains with the property. This type of easement runs with the land; which means that if the property is bought or sold, it is bought or sold with the easement in place. The easement essentially becomes part of the legal description.
To terminate an easement, a condition for the purpose of the easement must have changed, such as:
• Easement's purpose no longer exists
• Ownership of the easement and of the land where the easement is located merges into one owner
• Land owner releases the easement
• Easement is abandoned
• Nonuse (of a prescriptive easement)
• Adverse possession by the owner of the land where the easement is located
• Court judgment in a quiet title action
• Misuse of the easement
Misuse of an easement does not usually terminate the easement but may give rise to claims for legal or equitable remedies. Legal proceedings may be necessary to interpret and determine the scope of easements.
