Easements, Licenses, Covenants, Equitable Servitudes
For Homeowner Associations, condominiums and individuals, easement litigation generally starts with disagreements about how land is being used. Sometimes this is the result of unfair application of community rules or a board’s unfair actions; sometimes this is the result of an unreasonable owner or neighbor. We are quite familiar with how these disagreements start and what can be done about them. Sometimes the law requires compromise, sometimes it does not: it all depends on the strength of your position.
What is an Easement?
Easements come in all forms shapes and sizes and can be easily be confused with other legal concepts such as licenses, covenants, equitable servitude and adverse possession. You can read these links to get an idea of the different methodologies the law has developed to limit the use of land or decide ownership, but deciding whether litigation is necessary or best servers a homeowners association, condominium, or individual owner is not easy. Deciding what to do is serious as the consequences can be far reaching: use a lawyer who has a reputation for knowing the law who understands litigation.
When someone realizes that they do not own the land or access they thought they had, or, a neighbor or nearby landowner changes ownership and the new owner tries to change how things have been handled, it is best to get quick answers before tempers flair and lines are drawn. Picking the right lawyer up front can save a lot of money over the course of a disagreement and can be the difference between winning and losing. We have a reputation for no nonsense and getting results. Call us. Consultations are free. Choosing the wrong lawyer but is not.