Legal Blog

This Land is Your Land: Property Line Dispute Tips and Easements

Are you unsure about the legal status of part of your property? Do you want to expand past your lot line, however, are concerned about the legal ramifications? The following is a checklist of issues to keep in mind when approaching easements (or potential easements).

DO check to find out what easements currently exist on your property.

Easements in Virginia can be formed many different ways however the most typical manner is by “express” easement. Express easements are conveyed by written documents and should be recorded in County land records. In order to fully understand what easements are (or are not) currently on your property, obtain a title report or go to County land records.

DO request a survey if there is an uncertainty as to the boundaries of your property.

If the status of an easement is unclear based on a title search, it often makes sense to have a survey conducted on your property. The survey will provide clarity as to the boundaries of your property and what is not legally your own. Furthermore, a survey should provide you with a plan that outlines the boundaries of your property and any existing express easements.

DON’T generalize the terms of an easement.

Easement law in Virginia is very deferential to the terms of the written document conveying rights. If you are the party granting the easement (“servient tract”), you will want to ensure that the easement itself is specific as to the rights that you wish to convey. Similarly, if you are the party establishing an easement (“dominant tract”), specific terms combined with a clear plan will establish your rights in the chain of title. Ambiguous terms expose the parties to issues in the future.

Seek legal counsel to ensure that your rights are protected and any potential issues mitigated.

 

If you have any questions about this or any other Labor and Employment topics, please contact me at tstringham@offitkurman.com or 703-745-1849

 

ABOUT THEODORA STRINGHAM

tstringham@offitkurman.com | 703-745-1849

Theodora Stringham assists individuals, businesses, and organizations with growing successfully while minimizing liability. Focusing on real estate and personnel needs, Ms. Stringham executes sustainable plans for real estate development and employee matters. She provides comprehensive representation for everyday growth issues, including, but not limited to, re-zonings, site plan approvals, eminent domain/valuation concerns, employment discrimination, and disciplinary issues. Ms. Stringham’s scope of representation ranges from identifying potential liability and providing counseling/trainings, all the way through representation at trial.

 

 

 

 

ABOUT OFFIT KURMAN

Offit Kurman is one of the fastest-growing, full-service law firms in the mid-Atlantic region. With over 185 attorneys offering a comprehensive range of services in virtually every legal category, the firm is well positioned to meet the needs of dynamic businesses and the people who own and operate them. Our twelve offices serve individual and corporate clients along the I95 corridor in the Virginia, Washington, DC, Maryland, Delaware, Pennsylvania, New Jersey, and New York City regions. At Offit Kurman, we are our clients’ most trusted legal advisors, professionals who help maximize and protect business value and personal wealth. In every interaction, we consistently maintain our clients’ confidence by remaining focused on furthering their objectives and achieving their goals in an efficient manner. Trust, knowledge, confidence—in a partner, that’s perfect.

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