Property disputes can be stressful, especially when they involve easements or rights of way. These disagreements often arise when one party believes they have the right to access another person’s property for a specific purpose, such as reaching a shared driveway, utility line, or pathway. When property owners cannot resolve these matters through communication or mediation, litigation may be necessary to determine legal rights and obligations. This blog is thanks to our friends at Volpe Law LLC, who handle these kinds of real estate disputes regularly and understand what property owners can expect when these conflicts reach the courtroom.
Common Causes Of Easement And Right Of Way Disputes
Easement issues often begin with uncertainty or misunderstanding about property boundaries and access rights. Some disputes involve written easements that are recorded in property deeds, while others are implied by use or necessity. For example, a homeowner may claim a long-standing right to cross a neighbor’s land to reach a public road, even if no written agreement exists.
Right of way disputes can also emerge when one party obstructs or limits access, such as putting up fences, blocking driveways, or refusing to allow maintenance on utility lines. These conflicts often hinge on whether the easement is valid, how it is used, and whether either party has violated its terms.
What Happens When A Lawsuit Is Filed
When informal resolution fails, the affected party may file a civil lawsuit. A real estate litigation lawyer can review the property records, survey maps, and historical usage of the land to determine the strength of a claim. The lawsuit typically begins with a complaint outlining the facts of the dispute and the relief being sought, such as the removal of an obstruction or recognition of an easement’s existence.
The defendant then responds with their own version of the facts. Both sides exchange evidence during discovery, which can include photographs, surveys, title documents, witness statements, and expert reports. The court may order mediation before trial to encourage settlement, but if no agreement is reached, the case proceeds to a hearing or bench trial where a judge makes a ruling based on the evidence.
Factors That Influence The Outcome
Courts consider a variety of factors when deciding these cases. The key question is whether a valid easement exists and, if so, whether either party has violated the conditions of that easement. Judges may also look at how the easement has been used historically, whether it is necessary for access, and if it has been formally recorded.
Attorneys like those at Volpe Law LLC can attest that having skilled legal counsel early in the process makes a major difference in protecting your property rights.
Take The Next Step Toward Resolution
If you are involved in a disagreement over property access or boundaries, you do not have to face it alone. Legal disputes involving easements and rights of way can affect property value, future development, and neighbor relationships. Reaching out for experienced legal help is the first step toward resolving the issue effectively.
For trusted guidance and personalized support, contact Volpe Law LLC today to discuss your situation and learn how their team can help protect your property rights.