Easement/Encroachments

Easements:
In order to create a right for third-party to use your property or for you to use a third-party’s property, a written agreement which states the terms and conditions of the allowable access should be recorded in the real property records in order to update the public record to reflect the creation of these new property rights.

Encroachments:
When reviewing a survey for a property you are selling or buying, you may discover that a portion of the improvements on the property, e.g. the fence, porch, driveway, roof, etc., encroach onto a neighbor’s property.

Rather than removing the encroachment, many parties prefer to enter into a written agreement which allows for the encroachment to remain in place subject to the terms and conditions stated in the written agreement. These written agreements, i.e. encroachment or boundary agreements, are then recorded in the real property records to update the public record as to the allowance of the encroachment.