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Preventing easement disputes with contracts

On Behalf of | Feb 9, 2017 | Land Use And Zoning

Delaware property owners are sometimes asked to grant easements on their properties to others, including neighbors, utilities companies or municipalities. Easements are needed when other people need to use your property, and they may lead to disputes over property boundaries and what the holder of the easement will be allowed to do while it is on the property.

If you need an easement or you have been asked to grant one, it is important that you get any agreement formalized in a written contract. If you have a contract, it may help to avoid future problems. Your contract should clearly outline what the easement holder will be allowed to do on the property. It should also state how long the easement will last and if it is transferable or not. Finally, clearly stating the boundaries of the property is important so that the property over which the easement is granted is not inadvertently lost.

Having a written contract that outlines the rights of both parties is important. If the property is later sold, a contract may inform the parties about whether or not the easement will terminate or if it will be transferred.

Our attorneys help our clients who are having disputes about easements with resolving them. We also help others who are negotiating easements to protect their interests. We draft easement contracts and review proposed ones in order to make certain that the provisions are beneficial to our clients. We work to help minimize the possibility of future disputes and litigation and try to help to protect their property rights. If you are negotiating an easement or are involved in an easement dispute, you may want to read the information on our Delaware easement dispute page.