What is an easement and how does it affect a real estate dispute?

An easement is a legal right that can affect real estate disputes in Virginia. It gives someone the right to use a portion of a property that they do not own, for a specific purpose. For example, if one property owner has a shared wall with a neighbor, the neighbor may have an easement to use the wall for their own purposes. The most common types of easements are known as “easements by necessity” and “easements created by grant.” Easements by necessity allow a person to access a property or a portion of a property for their own use. This type of easement can arise when a property has no other way to access a road or a utility. Easements created by grant are created by a deed, usually between two separate property owners. This kind of easement gives someone permission to use a part of a property for a specific purpose, such as for a driveway or a sidewalk. In real estate disputes, easements can be important factors that can affect the outcome of the case. Depending on the type of easement involved, the court may decide that one party has a right to access a certain portion of the property, and limit the other party’s ability to use or access it. It is important to understand the legal consequences of easements when involved in a real estate dispute, as they can affect the outcome of the case.

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What is an easement and how does it affect a real estate dispute?

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