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Is an easement affecting the way you can use your property?

It can come as a surprise for many New York property owners to learn that an easement could affect the use of their property. Whether you already own the property or you are considering purchasing property with an easement, it is helpful to learn what this means and what you can do about it. You have the right to take steps to protect your property interests.

An easement means that a person could have a legal right to access your property, but only for a specific purpose. The parties benefiting from the easement do not have any ownership in your property. There are different types of easements and they can mean different things for you as the owner of the land.

Types of easements on your property

There are two main types of easements, implied and express. It is important to know what type of easement you have in order to know what your rights are and how you can proceed if you wish to have it removed at some point in the future. The differences between these types of easements include the following:

  • With an implied easement the right to use the land is implied by the circumstances. For example, there is an implication that people may need to use your property to access another piece of property, such as land that was subdivided.
  • With an express easement, the right to use a specific piece of land in a certain way is due to the terms of a will or deed. An example of this includes written permission for people to walk on a part of your property in order to access a public beach.

Understanding and dealing with easements can be complex and confusing for property owners. If you have concerns about your property rights or you want to know if it is possible to remove an easement, it may be beneficial to seek help as soon as possible.

You can take steps to protect your interests

You have the right to take steps to learn more about your property rights and how to protect them. If people are trespassing or you believing they are doing things outside of the permitted boundaries of an easements, you do not have to deal with it on your own.

By seeking a complete evaluation of your case, you can better deal with the easement issue and move forward with any course of action that is most beneficial for your individual situation.

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