An easement is a non-possessory right of use in the land of another. Easements are typically granted for very specific and limited purposes and the easement holder has no right to expand or change how he uses the easement without the consent of the landowner.
The laws favors express easements. Express easements are established by executing a deed or contract which specifically identifies the location and dimensions of the easement as well as the allowable use of the easement.
Under Mississippi law, easements may be established in several other ways as well:
A person claiming an easement by prescription must satisfy a six prong test:
If the claimant's use of the property is with the permission or consent of the landowner, courts refuse to find that an easement by prescription exists.
Under Mississippi law, easements by implication are also known as easements by necessity. An easement by implication generally arises by implied grant when a commonly owned parcel of land is severed from a larger parcel in such as way as to leave it or the parcel retained by the grantor landlocked or otherwise inaccessible. The party claiming the easement by necessity must prove that he is implicitly entitled to it and that it is reasonably necessary to his use and enjoyment of his property.
Easement disputes often arise because the parties do not understand their rights and obligations under the terms of an express easement agreement. Such misunderstandings can lead to allegations of misuse, abandonment, and interference.
Easement disputes may also arise in relation to encroaching improvements. When a landowner erects a fence, wall, driveway, shed, or other improvements which encroach on the neighboring property, a court may order the removal of the improvements or that the landowner pay the adjoining property owner for an easement over his property.
If you are involved in an easement dispute, a real estate attorney can assist you in negotiating a resolution with the other party. If negotiations are unsuccessful, a real estate attorney can advise you of your legal options and represent you if you choose to file a lawsuit or must defend a lawsuit that has been filed against you.
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