How can I settle an easement dispute in Idaho?

Idaho property easements are typically created by an express grant of the right by one person to another. Easements should be recorded to give interested parties constructive notice that they exist. However, sometimes they are not, making it difficult to prove who has the benefit of using the easement and who owns the easement.  Easements can be a source of disputes between you and your neighbor. You should review your title documents when you purchase property to determine if there are any easements that affect your property rights and interests.  Typical disputes arise over access in and out of properties over driveways or private roads, encroachments, interference, misuse, improvements, abandonment or trespass.  If a dispute arises with your neighbor over who owns the easement, if a structure is encroaching upon an easement or if the easement is blocked or abandoned, you should try and settle the dispute with your neighbor in a friendly manner by talking to your neighbor first. If that doesn’t work, keep a written record of any correspondence in case you need to testify in court, and talk to a real estate attorney to find out what your legal rights and remedies are with regard to the dispute.

If you are involved with an easement dispute, you should hire a real estate attorney for advice. The attorney will review your property deed and other title documents to determine the best course of action to resolve the dispute.  Sometimes, disputes regarding easements cannot be resolved without litigating the matter in court. The attorney can represent you in court.