Easements

Phoenix Real Estate Attorney

An easement is a right that a person has with respect to another's property. A person may have a right to cross a neighbor's land to reach the person's own land. A person may have a right to the mineral rights of piece of property or to an unobstructed view. These are rights which may be enforced in court. If you are involved in an easement issue, you are urged to contact a real estate attorney in Phoenix from the legal team of Schern Richardson Finter .

How Easements are Created

An easement may be established by a written contract between the two parties. It will then bind future owners of the land. It should be filed in the courthouse though to assure that future buyers and sellers have notice. An easement may also arise by necessity. For example, a landowner may be isolated from access to the public road. The law will give the landowner a right of access across a neighbor's property. An easement however is limited in scope. A landowner having a right of way across a neighbor's property for private access is limited to that use. The landowner would be out of line if seeking to set up a supermarket or golf course inviting a flood of public over the neighbor's land.

Real Estate Lawyer in Phoenix

Our legal team provides seasoned legal service to clients involved in easement matters. We have served the Phoenix area for years and have a strong reputation in the legal and real estate community. When retained, we investigate the real estate records for indications of easements being created. With our knowledge of the law of easements, we then seek to work out an appropriate resolution. Where the law does not accord an easement, we may negotiate with the neighbor to obtain agreement to an easement and prepare the necessary documents to create one.

Contact a Phoenix Real Estate Attorney at the firm for experienced representation in easements matters.