An easement dispute is a disagreement between two or more parties who share an easement agreement. The disagreement may be over the use, access, or maintenance of the easement area. Easements are created when one property owner agrees to allow another property owner to use a specific area for a specific purpose. For example, if one property owner owns a piece of land that backs up to another person's property, they may grant that person an easement to use their backyard as a parking lot.
There are several different types of easements, but the most common type is an easement by prescription. This type of easement is created when someone uses an easement area without permission for a period of time (usually 10 years). If the easement area is not used for easement purposes, it may be considered abandoned by the easement holder.
An easement dispute normally arises from a disagreement between easement owners about what easements they are entitled to use. For example, one easement owner may claim that they have a right to access their backyard with a four-wheeler while another easement owner may claim that this is unreasonable use of the easement. This type of conflict often requires legal intervention in order to determine which party has rights over the disputed easements. If one party fails to act after the other's repeated requests, then eventually the courts will decide who holds priority to those easements.
If you are having issues with your neighbor and believe that they are violating your easement agreement, it is best to speak with a lawyer. They can help you understand your rights and represent you in court if necessary.
