What is an easement and how does it affect a real estate dispute?
An easement is a legal right to use another person’s property for a specific purpose. Easements can be created in writing or by usage over time. In Louisiana, easements are granted usually for: the passage of people or goods, the construction of public roads or sewers, or electricity and water lines. When it comes to real estate, easements can affect how a property owner can use the land. For example, an easement holder may have the right to pass through the property, access a well or body of water, or use an access road to the property. Additionally, an easement holder may be able to use a portion of the property for commercial purposes, such as for parking lots or cell phone towers. Easements can be the cause of a real estate dispute if they are improperly created or used. For example, if an easement holder is using the easement for a purpose not intended, then the property owner may file a claim in court. The court will review the facts to determine whether the easement holder is in violation. If the court determines that the easement holder is in violation, the court can order the easement holder to stop using the easement or, in some cases, require compensation to be made to the property owner. In conclusion, an easement is a legal right to use another person’s property for a specific purpose. Easements can affect how a property owner can use the land and an improper use of an easement can lead to a real estate dispute. In Louisiana, real estate litigation law allows property owners to take legal action if their property rights are violated.
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