I cannot agree with my neighbor about an easement location. What kind of lawsuit will I have to file in court?

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Question:

I cannot agree with my neighbor about an easement location. What kind of lawsuit will I have to file in court?

Answer:

A boundary lawsuit over easement location occurs quite frequently between neighboring properties. If you and your neighbor cannot come to an agreement about an easement location, you should consult with a real estate attorney. You may need to file a lawsuit. The court may have to decide the matter for you if you and your neighbor cannot come to a friendly agreement. You should obtain a copy of a land survey to determine your property boundary and to determine the location of all easements that have been granted and recorded pertaining to your property. At the time you purchased your property, you would have received a title insurance policy. The title insurance policy should contain a list of all recorded easement and grant deeds regarding easements. However, it may be that there was no written agreement ever signed or recorded. In that instance, the court may have to determine the exact location for the parties, and your attorney and the neighbor’s attorney may have to prepare an easement agreement.  If there is a recorded easement agreement in the property title records, then it should be easier for your attorney or the court to interpret who owns the easement and the exact location. 

You should seek the assistance of a real estate attorney to help you resolve a dispute with your neighbor over the location of an easement. The attorney is an expert at real estate laws and reviewing title and survey documents regarding easements. The attorney can answer your questions regarding easement disputes and other real estate matters, and represent you in court regarding a boundary dispute easement lawsuit against your neighbor.

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