Easements arise by express grant, implication, necessity, prescription, or estoppel. Disputes concern whether an easement exists, what uses it permits, whether the burden has been overused, and whether it has been extinguished.
Recorded easements bind subsequent purchasers.
Alternative Names:
Easement Litigation, Right of Way Dispute
Why it Matters?
Scope disputes are more common than existence disputes, since an easement granted for one purpose may not permit expanded or intensified use, and a driveway easement for a single residence does not automatically serve a subdivision. Overburdening claims turn on whether the increased use was reasonably foreseeable at creation. Termination by abandonment requires intent beyond mere nonuse, which is a demanding standard.
Frequently Confused with
Related terms
Frequently asked questions
What is an overburdening claim?
Does nonuse terminate an easement?
