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Resolving easement disputes is crucial for maintaining harmonious relationships among neighbors and avoiding expensive legal battles. When informal resolution attempts fail, legal action may be the only recourse. In New York, several methods exist for settling easement conflicts:
Negotiation and Mediation
The first step in solving easement problems should be negotiation and mediation. Negotiation means the people involved talk directly to reach an agreement. With mediation, someone neutral helps them talk and find a solution. Negotiation and mediation cost less than court and are not as formal. They let people keep control and stay friendly with neighbors. But everyone must be ready to take part and find a middle ground. It might not solve things if the issue is too complicated or people refuse to compromise.
Court Orders
When people can't agree on an easement issue, they may have to go to court. The type of case depends on what's causing the problem.
If the property owner has put up a fence or extended their garden into the easement area, the easement holder can file a case for encroachment or obstruction. This asks the court to make the person remove the thing that's in the way and put the easement back to how it was before.
Trespass is another common issue with easements. The property owner and easement holder can both sue each other for trespass. The easement holder may claim trespass if the property owner blocks the easement area, preventing its use. On the other hand, the easement holder can also trespass by using the easement in the wrong way. For example, if the easement is for a right of way but the holder uses the area as a permanent parking space, the property owner could say that's trespass.
Nuisance and negligence claims can also happen in easement disputes. The property owner and easement holder can both be considered nuisances to each other. For instance, if the property owner keeps dangerous things or obstacles near the easement area, that can be a nuisance to the easement holder. On the other hand, if the easement holder uses the easement too much, like bringing heavy machines through the property a lot which causes shaking, noise, or damage, the easement holder's actions can be considered a nuisance.
Besides these specific types of cases, the people involved may ask for declaratory relief and injunctive relief. Declaratory relief is when the court makes an order that explains the rights and responsibilities of everyone involved in the easement dispute. Injunctive relief is when the court orders someone to do something specific or stop doing certain things to protect a party's rights.
Lastly, a party may ask for money to cover any losses or harm caused by the easement dispute. This can include payment for not being able to use the easement, damage to property, or any other money lost because of the dispute.
Easement Termination or Changes
Sometimes, the only way to resolve a dispute is to ask the court to end or change the easement. Ending an easement might be the right choice if it no longer serves its original purpose, the easement holder has stopped using it for a certain amount of time, or it has become too difficult or unrealistic to use. Changing an easement could be needed if the first agreement is unclear or missing details, things have changed that require adjustments, or both sides agree to changes to amend the easement. To end or change an easement, you need a court order with strong reasons and proof.
Easement disputes can be complex with intricate legal principles and procedures. We can provide valuable guidance throughout the dispute resolution process. This includes interpreting the agreement, assessing the strength of your case, identifying appropriate legal remedies, negotiating a resolution, and representing your interests in court if needed. Seeking legal advice early can help prevent escalation and minimize potential costs and damages.
Contact us today at [212-233-1233](tel:+12122331233) or send us an email at [[[email protected].](mailto:[email protected]) The Law Offices of Albert Goodwin can provide you with personalized guidance and advocate for your rights. We are located in Midtown Manhattan in New York, NY.
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About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
