Easements in Oklahoma City
Oklahoma Real Estate Attorney
There are a variety of ways to own land, and the most common is fee simple or fee title. This type of land ownership gives the owner the control over everything permanently situated below and above the land. An easement allows one party to use real property owned by another party with specific limitations. In the state of Oklahoma, easements can be temporary or last perpetually, regardless of who owns the land. Because easements are not affected by the owner of the property, you can inherit or purchase a property with an existing easement. Common easements include allowing neighbors to cross the land to get to their property, access to sewer lines and use of water.
Rights and Requirements of a Landowner in Oklahoma
If you own real estate with an easement, you are allowed to restrict the points of access of the easement holder within reason. You can use the area around and the actual structure in a manner that won’t affect the structure. There are a variety of actions you cannot commit, including denying access to the person or company with the easement. You also cannot impair or damage the purpose of the structures on the land. Additionally, you are not allowed to permit anyone else to impair or damage the structures.
Preventing and Resolving Problems with Easements
Because easements allow two different parties the right to the same space, occasionally conflicts arise. Most conflicts arise because of access issues, or the denial of access of the landowner, and issues of use, such as objections to maintenance by the easement holder. The beginning of a successful easement involves both parties understanding a comprehensive easement deed. In addition to being recorded, a comprehensive deed includes information such as acceptable uses, unacceptable uses and terms of access. Additionally, carefully monitoring the time and taking accurate records can greatly benefit you or your company.
If you currently have an easement that it being violated, it may be in your best interests to negotiate or pursue other legal action. We understand that you do not want to get involved with litigation unnecessarily, and we can explain your options to you. One method is obtaining an injunction, which requires that an action is either stopped or started.
Realistic Counsel You Can Trust in Oklahoma City & Perry
With over 15 years of experience, The Law Office of Bryon J. Will, P.L.L.C. is well-equipped to provide you with excellent counsel regarding easements. Our team of Oklahoma City real estate attorneys can review your case and provide you with viable options for you. For more information about your rights and obligations as a landowner or easement holder, take advantage of the firm’s free case evaluation.
Contact our Oklahoma City lawyers to learn more about our client-centered approach to real estate.