Another protection against a future application for easement is a “permissive use notice.” In many states, a notice of permissive use can be registered on one`s own property. This will prevent future conflicts over the type of access allowed or unauthorized. If you decide to give your neighbour permission to use your property for access to fishing, hunting or any other reason, proceed with caution. Create a clear and concise written agreement that specifies the names of the parties, the location of the property, and the permitted use. The agreement must state unequivocally that use is only possible with permission. The agreement, which must be prepared by a competent real estate lawyer, should also provide that the owner can revoke the permissive use at any time. Remember that in the event of a conflict, an oral agreement in court will not be maintained. Protect yourself. Make sure the agreement has been signed and dated by all parties. Get it notarized. Make sure there are no questions about the validity of the agreement.
Once the document is signed and dated, place it in a safe place for future reference. Allowing a neighbor access to your property can lead to legal headaches. Letting neighbors use your property for hunting, fishing, or hiking can seem harmless, even from the neighborhood. However, if their use becomes excessive or the neighbor starts to change or build your property, you may find it difficult to sell your property or keep your neighbors away. This applies in particular if the justified use is not made in writing. Over time, what started as a neighborhood housing act could lead to a request for easement that diminishes your property rights. Since Thompson received Robinson`s permission to build the fence on Robinson`s land, and because Stringer acquired Thompson`s land, she was still a permissive user unless she “unfurled her flag” and alerted Robinson that she claimed ownership of the land. There are several ways in which a permissive user can become a harmful user.
Here are some examples: We`ve already written here about unfavorable property and the factors that must exist to negatively own someone else`s land. Today, we deal with the “hostile or unfavorable” factor and the effects of permissive use. For example, suppose a homeowner has the most convenient access point to a public hiking trail. Since they want to be a good neighbor, they introduce a permissive easement by simply installing a sign that gives access, but says it is a private road. In this way, passers-by easily get on their feet and know that it is private property. But when it becomes a problem – maybe people start drinking on the street after work, making too much noise and leaving beer cans behind – the owner is fully entitled to revoke this permissive easement. A permissive easement is simply permission to use someone else`s land. This is essentially a license that can be revoked entirely by the owner at any time. In order to be completely sure that a permissive easement does not turn into a prescribed easement, some landowners install signs indicating the granting of the permissive easement or permit. Such signs – which are often found on private roads – usually say, “This is a private street.
The use of this road is permissive and can be revoked by the owner at any time. Does this mean that a use that began as permissive can never turn into hostile or harmful use? No, he can do it with the right facts. If a party needs access to another party`s property, perhaps to access public property or part of its own property, it may apply for a so-called “easement”. Easements are agreements that describe how one party can use another party`s property, usually described in an act or will. For example, a person may apply for an easement to legally walk on a path on their neighbor`s property to access a lake or river. If you have an easement, you are not allowed to “occupy” it, build it, or do anything with it other than access it. However, some easements are agreements to do nothing on your property that would negatively affect the owner of the easement, for example. B construction structures that would block its view. No formal agreement is required to create a license. a simple letter from the owner to the licensee is sufficient. It is risky not to put the license in writing, as an intruder could claim that the owner provided the intruder with an oral lease – an authorization that is not immediately revocable – rather than a license that can be revoked at any time. In Pennsylvania, a successful verbal rental claim can result in unwanted use lasting up to three years.
Even in the absence of evidence that the owner has exercised control, there is still a risk of an adverse claim to ownership. The other type of easement that is common in real estate is a permissive easement. It is an easement that gives a landlord permission to use someone else`s land for a specific purpose. Normally, the easement is treated as a license and can be revoked by the owner at any time. Permissive easements are usually agreed with a contract. The person applying for the easement is required to comply with the terms of the contract or the easement may be revoked. Some landowners will install signs indicating the granting of a permissive easement after it has been negotiated. The encroachment authorization model is a license agreement. It allows intervention until the owner revokes the authorization. The standard document also includes the protection of the owner against claims for injury or property damage, the obligation for the intruder to comply with the law, and the termination of any right that the intruder may have to assert unfavorable possession.
[II] Unlike permissive use, which can be revoked at any time, an easement is difficult to cancel. Therefore, a request for easement can lead to costly litigation that could have been avoided with a little legal planning and a lot of foresight. There are a number of different categories of easements, but this article focuses on easements and permissive easements, a distinction based on whether or not the easement is crucial to the holder`s enjoyment of the easement of his or her own property. For more articles on this topic, see The Easements section of FindLaw. The laws stipulate that if two parcels of land are arranged in such a way that an easement on one parcel is necessary for the use and enjoyment of the other property, then the easement is necessary. Usually, the court will want to see if the two plots were originally related to one or if both belonged to the same owner. If the owner then divided the land and divided it between two separate owners, this may lead to a situation that would require an easement. The court does not require that the owners have already used the easement.
Written by Jeffrey Johnson Editor-in-Chief and Insurance Lawyer [I] Someone else`s property on someone else`s land (called assault) is an intrusion, as is human activities in the countryside. As we have already written, before a person can acquire a legal claim to the land through unfavorable property, his use of the property must be prejudicial or hostile to the interests of the true owner. The text may be extracted and reproduced in accordance with the ConservationTools.org and the Pennsylvania Land Trust Association. An easement by a neighbor on your property can devalue the property. An application for easement that has not yet been established can also devalue your property. Even if it doesn`t devalue the property, a servitude claim for your home can make it difficult to sell, as potential buyers may not want neighbors (or other people) to use their land. Potential owners may fear future liability claims or other possible lawsuits arising from the unwanted use of their land. Or, as is more poetic in Blankinship v. Payto n , 605 So.2d 817, 819-20 (Miss. 1992): If the owner is willing to consider continuing the use, there are three legal relationships to consider in granting permission: license, lease, and easement. This guide gives a brief overview of each of the characteristics of each.
If you want to protect your home from unauthorized use, it`s wise to work with a real estate lawyer to determine the best options for your own individual situation. A real estate lawyer can inform you about local laws and statutes, help you fill out all the necessary forms and submit them for you. If a lawsuit is the only option, you have a better chance of winning your case with a lawyer by your side. .