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Real estate dispute may involve easement Part I

| Feb 2, 2017 | Real Estate Litigation

An easement is a property right providing the holder of the right an interest in the land of another individual. These types of rights have an influence on various kinds of real estate transactions. In some cases, a real estate dispute may erupt in Los Angeles or in another California city over an easement.

An example of a living situation involving an easement is if the only way to get to one’s home is through a driveway that crosses a neighbor’s property. An easement is typically created through conveyance in a property deed or in another type of document — for example, a contract or will. Creating an easement usually requires an instrument that is written, a signature and then the appropriate delivery of such a document.

Following the creation of an easement, questions usually crop up about the scope of the easement, its location or its dimensions. The questions have to be addressed case by case, being affected by how the easement was created. If the written documents that created easements are incomplete or vague, thus leading to imprecise inferences based on the prior use of the properties, courts must be relied on to construe the intent of those produced the written documents.

Many people in Los Angeles and elsewhere in California do not understand easements. For this reason, legal problems involving the drafting as well as the interpretation and implementation of documents related to easements may arise. It is within people’s rights to seek their best interests when a real estate dispute involving an easement leads to a lawsuit in the Golden State.

Source:, “Easement Basics“, Accessed on Feb. 1, 2017