Black and Buono Blog

Easements and encroachments affect your ownership of land. People may have been traveling across your land for years to gain access to adjacent property. Your neighbor may have placed a fence across part of your property line. What you received when you bought the property from the previous owner passes to you. The easements and encroachments, whether they are good or bad for your land, that existed at the time the land became yours continue while you own the land.

An easement is the right of a non owner to use your land for a designated purpose (e.g. accessing the beach). A right of way is a form of easement granted by the property owner which gives the right to travel over your land to others, as long as it is consistent with your use and enjoyment of the land.

An encroachment is an unauthorized entry upon your land of another; whether or not an obstruction, or fence, is placed upon the land. Traditional common law created the action of trespass for injury to your property when an unauthorized person interferes with your property and breaches the boundaries of your land. You can bring lawsuit for that intrusion in order to recover damages. These damages can range from a trampled flower bed to damage to a building on your property.

The converse is also true, when you trespass or encroach on someone else’s land, you can be held responsible for damages.

As Real Estate Attorneys, there are innumerable situation we see regarding easements, encroachments, property lines and rights of way.  The land you thought you bought may not be yours, or conversely, you may own more than you thought. Solicit the assistance of Black and Buono when you have issues with easements and encroachments.