Stokes O'Brien

Settle Your Property Disputes with a Real Estate Attorney

Posted in Business and Real Estate Litigation on March 16, 2020

Physical boundaries and land ownership can often be arduous matters. Real estate easements and encroachments are common in the real estate industry and can impact commercial and residential property owners. Individuals who own property, such as land or any permanently attached buildings, have specific rights to use these assets as they please. 

It is crucial for property owners to stay informed and up-to-date on property laws because encroachments and easements can cause serious problems. Due to the complexity of these issues, real estate attorneys work closely with you to assess your unique circumstances, then formulate and implement solutions that meet your needs. 

Real Estate Lawyers Help You Understand Property Easements and Encroachments

Easements—a property right of access—allow individuals, the government, and private companies to legally utilize a section of your property. An easement is the right others have to use real property that does not belong to them. Easements are mutually agreed upon, formally or informally, by all parties. Possible scenarios include:

  • Utility easements – utility companies run sewage or electrical pipes underneath your home; 
  • Easements by necessity – cities allow residents to access a public park or lake by crossing a part of your property; 
  • Private easement – sell a section of your property as an easement to another individual; and
  • Prescriptive easement – give someone access to your property for a scheduled period of time.

Encroachments occur when an individual or organization violates a property owner’s rights by using their land without permission or consent. When others encroach on your property, you can rightfully demand an end to such use. However, there are instances when real property owners must permit others to use their property in a limited capacity.

At times, real estate encroachments can be easily eliminated. In the event of an encroachment occuring on your land, confront the encroacher and ask him/her to stop. If he/she refuses to remove their encroachment, you have the option of taking the individual(s) to court.

Encroachments may also affect the owner’s ability to sell the property at a later time. If someone builds on or occupies a section of your land without your consent, you should act immediately. If you are not too thrilled about possible court proceedings, consult with a real estate attorney to draft contracts. Be sure to review the contracts carefully before signing.

You Can Navigate Property Disputes Well

If you need legal counsel regarding real estate easements and encroachments, or need to better understand application of real estate laws, contact Stokes O’Brien at (619) 648-2793 to get the most qualified and experienced San Diego real estate lawyers. Our legal professionals will help you remain calm as they navigate the legal arena to present all options and guide you to prevent potential legal setbacks. The real estate attorneys at Stokes O’Brien have significant experience in resolving real estate disputes on behalf of owners, tenants, landlords, lenders, developers, and investors.