Owning property can come with unexpected complications, especially when it comes to easements and encroachments. These legal issues can affect your property rights, leading to costly disputes or limitations on using your land. That’s where a Brampton real estate lawyer can help.
In this post, we’ll explain what easements and encroachments mean for property owners like you and how to protect your investment from potential legal headaches.
What Is Easement?
An easement is a legal right to use property owned by someone else for a specific purpose. It allows a person or entity to access, cross or use another person’s land without possessing it outright.
Easements can be created through a written agreement between the landowner and the person seeking access or a verbal agreement.
For example, a utility company might need to run power lines through your backyard to reach the neighbouring property. Similarly, an owner may grant an easement to their neighbour to use a shared driveway or pathway.
What Are Encroachments?
Encroachment occurs when a structure, such as a fence or building, extends beyond the boundary of a property onto an adjacent property.
Unlike easements, encroachments are not legal rights but physical trespasses onto another person’s land. An encroachment can be intentional or unintentional, often leading to disputes between property owners.
What Are the Legal Implications of Encroachment?
Common legal implications of encroachments include the following:
- Adverse possession claims: If someone uses a portion of your land openly and continuously for an extended period, they may acquire legal rights to that area through adverse possession. That can lead to complicated legal battles and potential loss of property.
- Injunctions: A court may order the removal of an encroaching structure or object, which can be costly and disruptive for the encroaching party.
- Title disputes: Encroachments can also create title disputes, complicating property ownership and transfer.
What Are the Legal Implications of Easement?
Some common legal implications of easements include:
- Limits on property Value: Easements may decrease the value of a property, as they can limit its potential uses and development.
- Rights of access: Easements often grant the holder the right to access the property for a specific purpose, such as maintaining utility lines or accessing a road. This can impact the owner’s privacy and enjoyment of the property.
- Maintenance responsibilities: Depending on the easement terms, the property owner may be responsible for maintaining the area covered by the easement, which can be an added financial burden.
How Can a Brampton Real Estate Lawyer Help?
If you are involved in an easement or encroachment dispute, a lawyer can help you understand your rights and obligations. Here are some of the ways they can assist:
- Reviewing title documents: A Brampton real estate lawyer reviews your property’s title and survey to identify potential encroachments or easements.
- Negotiating agreements: If you are involved in an easement or encroachment dispute, a local real estate lawyer negotiates a resolution with the other party. This can include negotiating the terms of an easement or compensation for an encroachment.
- Drafting legal documents: Real estate lawyers draft legal documents, such as easement agreements, to ensure they accurately reflect the terms agreed upon by both parties.
- Litigating disputes: If negotiations fail, a Brampton real estate lawyer represents you in court to resolve the dispute.
Consult a Brampton Real Estate Lawyer at GS Brar Law
GS Brar Law’s experienced real estate lawyers in Brampton help you navigate complex matters and protect your property rights. Whether you’re dealing with a dispute or seeking advice on preventing future complications, we provide the guidance you need.
Call 1-905-291-3297 or complete our contact form to schedule your free consultation.
