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What is an Easement and What Kind of Lawyer Handles Easement Litigation?

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An easement is a piece of land where a person, other than the owner, has the right to use it for a specific reason. Since the reasons vary, there are various types of easements, and they can apply for anyone from a neighbor to a government official.

An easement is dealt with by a real estate attorney as they come under real property law.

How Do You Create an Easement?

In Idaho, there are four ways to obtain an easement on another person's property. The first is the simplest - the person who needs the easement buys the land from the owner. To do this, both parties need to sign an agreement and sign it in the relevant county.

The second option is to create an 'Eminent Domain' which then condemns private property for the public good. However, the Idaho Legislature often only provides this right to governmental and quasi-governmental organizations. Farmers have used this method of easement before, but it's very rare.

Thirdly, you can file for an easement if you have used the land without permission for many years.

Finally, an easement can be implied to exist even if it hasn't been recorded and prescriptive use doesn't apply.

What Are the Different Types of Easements?

The following is a list of the different types of easements outlined by the Idaho Legislature:

  • Express Grants
  • Reservation Easements
  • Affirmative Easements
  • Negative Easements
  • Utility Easements
  • Public Easements
  • Easements by Necessity
  • Prescriptive Easements
  • Easements by Estoppel

What Rights Does A Landowner with An Easement Have?

The owner of the land still retains the deeds and can continue to use it as long as they don't interfere with the easement. Alternatively, if you can seek relief from the court by claiming an easement has unduly burdened you and the court agrees, you can from benefit from restriction or termination of an easement. Although improper use of an easement might not qualify, a judge may award punitive damages.

Can an Attorney Help Remove or Create an Easement?

Yes. Regarding terminating an easement, your attorney will show one of five things. They are as follows:

  • The necessity for the easement has ceased
  • The easement beneficiary has walked away
  • Both parties mutually agree to a termination
  • The term of use has expired
  • There is sufficient interference concerning the owner's use of land

To create an easement, an attorney will usually draft a written version. They do this by deed, contract, or restrictive covenant. Lawyers with experience understand the need to include as much information as possible so that the easement isn't contested in the future. Also, a survey is often conducted so that the document contains a sound legal description.

How Brian J. Bean can handle Easement Litigation

Real Estate Attorney at Charles Bean & Associates

Are you interested in the possibility of creating or terminating an easement? Our real estate lawyer, Brian Bean, can help. With years of experience in real estate law, Brian is the perfect partner to help you address any property easement issues that need a resolution.


About Brian J. Bean

Brian is a business, real estate and corporate attorney. His previous legal experience includes being corporate counsel for an Avista Utilities subsidiary, Ecova Inc. He has extensive experience guiding both large and small companies through strategic business and legal decisions, corporate formalities, negotiations and disputes. He is similarly proficient in real estate law, including, but not limited to commercial/residential purchase and sales, title actions, foreclosures, easements and boundary disputes. Brian prides himself in partnering with his clients to help them achieve their goals and objectives. This means better attorney communication, being cost conscious, thinking outside the traditional attorney-client box and investing in his clients for long-term relationship.

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