What are my rights if one of the parties violates the terms of the easement?
With an easement, a landowner, without sharing profits, has the right to use and enjoy another landowner’s land. Easements are created either by a written contract or by implication in situations such as streets, parks, or alleyways. Their use is defined by the intention of the parties at the time of the easement’s creation. If this intention is unclear, the courts will look to the easement’s character, purpose, and surrounding circumstances in determining the easement’s proper use. Rights of way give a specific person or persons a means of accessing a public road or highway through another’s land. In the case of an easement through fenced agricultural lands, the user of the easement is generally responsible for maintaining gates or cattle guards any place the easement intersects a fence. In the case where one of the parties violates the terms of the easement, it is always best to try to amicably resolve the situation by open discussion and negotiation. If this is not possible, the par
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