In a perfect world, each property owner would enjoy unimpeded use and access to their respective land. But sometimes land easements over one property are necessary for ingress and egress.
When a Sarnia land easement becomes necessary for sustainable access, repairs, or other reasons, it’s crucial to enlist the services of someone who can negotiate on your behalf. At George, Murray, Shipley, Bell, LLP, our team of experienced Sarnia municipal lawyers secure land easements for that further their property and business interests.
How Does Securing A Sarnia Land Easement Work?
A Sarnia land easement is a type of property right that grants unencumbered passage over another’s parcel for an express reason. The party or entity that gains the easement does not necessarily own the pathway to and from their land. That being said, it’s important for property owners and business professionals to keep in mind that land easements must be necessary.
For instance, utility companies are often provided easements across private property to maintain and repair lines and infrastructure. Residential neighbourhood developers sometimes require temporary easements until municipal governments officially oversee road, drainage, and other maintenance responsibilities. These land easements typically fall into the following broad headings.
- Express Land Grant: This type is filed with the Land Registry Office and defines the precise space and terms of the land easement. These are generally included in the property titles.
- Implied Land Grant: This occurs when a landowner separates a lot that becomes landlocked. The conventional wisdom is that ingress and egress remain implied if sold to a third party.
- Easements Of Prescription: When one party enjoys uninterrupted use over a property for 20 years without permission, they may file a claim that a property right has been permanently established.
Securing and maintaining land easements can be complicated and missteps often prove costly to property and business owners. It’s not uncommon for someone who has established a right of passage over a tract of land to attempt to unnecessarily expand it later. In other instances, the easement may no longer serve the initial purpose and property owner may need to turn to the courts to extinguish it. The most common problem stems from one landowner resisting a lawful and necessary land easement that diminishes your interests.
Work With A Diligent Sarnia Land Easement Lawyer
By enlisting the support of our determined Sarnia municipal lawyers, land and business owners gain access to a wealth of expertise and experience in the field of land easements. Whether you require access across a tract of land or want to prevent and unnecessary easement from negatively impacting your property value, the team at George, Murray, Shipley, Bell, LLP, is ready to deliver the proactive legal services you deserve. Contact our Sarnia law offices and schedule a consultation today.