Edwards Easement Lawyers Handle Conflicts Over the Right to Use Others’ Land

Strong counsel for easement holders and landowners in Colorado

Sometimes, a government agency, utility, neighboring landowner or another party might claim a right, called an easement, to use part of land you own for their own purposes. Determining whether or not their claim is justified and what specific rights they possess might require a knowledgeable lawyer. Alternatively, you might be interested in pursuing or confirming an easement on someone else’s property. Either way, you can trust the Vail Valley firm of Heckman & O’Connor, P.C. to help you with legal concerns involving easements in Colorado.

What is an easement?

An easement is a legal right someone has to use land they do not own for a specific purpose. It differs from the ownership of real property in that the person holding the easement doesn’t have any right to possess, sell or make changes to the land, except to the limited extent necessary to use and maintain the easement. Examples of easements include access roads, utility lines and drainage pipes serving neighboring properties. An easement may be public or private, depending on whether it benefits the public as a whole or only specific individuals.

Types of easements

Easements come in many types, including:

• Easement Appurtenant — These are usually associated with neighboring properties, such as a path on the dominant parcel’s land allowing someone from the servient parcel to reach the road. An easement appurtenant is tied to the land and transfers with its ownership.
• Easement in Gross — As opposed to an easement appurtenant, an easement in gross benefits a specific person or company, such as a utility easement. A new owner would have to establish an easement of their own. 
• Prescriptive Easement — This exists when a person or entity benefiting from a prescriptive easement gained it through long-term, open and continuous use without the permission of the owner of the land it burdens.
• Express Easements — These are created by formal agreements.
• Implied Easements — An implied easement is created by necessity or historical use.

Easements appurtenant, prescriptive easements and implied easements often occur in residential settings, while easements in gross and express easements are more likely in commercial ones.

Creating and recording easements

Easements may be created in a number of ways, such as by deed, written agreement, will, court order, implication or usage. Whenever possible, however, it is important to record the easement in the county in which the burdened property is located. This should ensure the easement’s enforceability. If an easement is not clearly documented, its existence and scope might lead to a dispute that the parties will need to negotiate or resolve in court. We can help you create and formalize an easement if you need one.

Disputes involving easements

Common disputes involving easements include:

• Blocking access to the easement
• Overuse or misuse of an easement
• Disagreements over maintenance responsibilities
• Questions about whether an easement exists at all

When these issues arise, Colorado courts may base their decisions on such evidence as confirmatory documents and testimony as to the use of the easement. If you are a party to such a dispute, we can develop the strongest possible argument to support your position.

Terminating and modifying easements

There are several ways to terminate or modify an easement. It may be terminated by agreement, abandonment, expiration (if it was created for a limited time) or merger of the benefiting and burdened properties. An easement may be modified or relocated by either agreement or court action. However, terminating or modifying an easement may be challenging when it has existed for a long time or is tied to an important need, such as utility access. If you need to terminate or modify an easement, we can provide the legal assistance you need to pursue a favorable resolution.

Contact an experienced Colorado easement lawyer for a consultation

Heckman & O’Connor P.C. handles easement issues for clients across the Vail Valley and other parts of Colorado. Over decades of serving communities such as Vail, Eagle, Gypsum, Avon, Minturn and Leadville, we have provided exceptional advice and advocacy. To make an appointment, please call 970-926-5991 or contact us online. Our office is in Edwards.