Non-possessory rights – otherwise known as easements, licenses, real property covenants, and equitable servitudes – are some of the most heavily disputed and litigated topics of land surveyor practice and land law.
When a person is allowed to use the land of another, these land-sharing arrangements breed conflict. Is the easement for the exclusive use of the benefiting party? May the landowner use the same parcel of land? Can the user expand the road or install a fiber optic cable alongside the power line?
The most common issue with easements is the holder not using the easement for the intended purpose as stated in the conveyance. A good example is when an easement for a goat path was created over a century ago but a group of local school children began using the same easement to commute from a subdivision to the middle school. Does this easement still exist and if so, can the children use it?
Dr. Nettleman, Professional Land Surveyor, has helped many clients resolve easement and covenant issues. Contact him today to learn how he can help you.