Can a Property Owner Block an Easement?

Can a Property Owner Block an Easement?

March 31, 2021

Easements are interesting in that they allow certain people access to property that isn’t owned by them. An easement on your property means that certain businesses, which could include utility companies, may gain access to your land if needed. There are also easements that allow for driveways to be built through a person’s land in order for an owner to gain access to their home or other pieces of property. This is why it’s important to always check for easements before purchasing a piece of land.

While some people don’t have issues with this legal situation, it could be quite annoying for others. For the most part, a property owner can’t block an easement if it was already mentioned in the property’s deed. If the property owner tries to contest the easement’s boundaries, then it’s a good idea to have a property survey conducted by a reputable local company in Guadalupe County, TX.

What to do if a property owner tries to block an easement

Even though property owners aren’t allowed to block any easements, they might try to do it anyway. These situations can be quite frustrating, especially if the easement allows access to your residential property. It’s important to stay calm, however—you don’t want to start an argument with the property owner that might result in physical violence.

It’s best to contact an attorney or some other type of legal consultant to see what they suggest. Easements don’t expire over time, so there isn’t much a property owner could legally do to keep you from using this piece of land. If they’ve chosen to do so, however, it might be best to let an attorney deal with it. Your case may have to be taken to court if the property owner refuses to remove the easement blockage.

What if the easement boundaries are unclear?

If the boundaries of an easement are unclear in the property’s deed, a landowner might try to use this to justify a blockage. These situations could be especially troublesome, as they often result in court cases. It’s usually a good idea to have a strong legal team on your side that can research all the necessary information about the property.

What if someone is using an easement illegally?

If you have an easement in your yard, some people could take advantage of it to gain access to woods, a lake or anything else you might have nearby. If you suspect someone is illegally using the easement running through your property, then it’s best to contact the authorities instead of dealing with it yourself. It’s important to avoid any potentially dangerous situations.

You might also consider enlisting an attorney if someone is using your easement illegally. This could help prevent future incidents of people illegally using your easement.

To prevent any future arguments with a neighbor about an easement, it’s best to have a residential land survey done by a professional in Guadalupe County, TX. For all your land surveying needs, contact Bettersworth & Associates, Inc. today!

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