Difference Between Boundary Agreement & Easement
- Parcels of land in the United States have been surveyed and recorded using different methods over centuries. Through the years, these parcels have been subdivided, sold or inherited several times. Not surprisingly, the original land descriptions are sometimes not compatible with modern ideas of land ownership. For example, a property line that was originally marked by a pair of oak trees that were cut for firewood fifty years ago would be of little use today. One of the simplest ways for neighbors to establish an official property line when one is lacking is to complete a legal boundary agreement. As the name suggests, a boundary agreement is a contract outlining an agreement between two property owners regarding the legal boundary between their respective properties. Each state has specific laws regarding the proper legal use of a boundary agreement. To be sure your contract will be legal and binding, hire a licensed Real estate lawyer.
- An easement is defined as "the right to use the real property of another for a specific purpose." Many easements are granted to landowners who have no access to their own land from a roadway except by crossing over the land of a neighboring landowner. Although the owner of the easement has the right to use the land in a specific manner, he or she does not legal own the land, and may not sell it or draw a lien against it. Easements are a common source of legal disputes. To ensure your rights are met and protected by your current or prospective easement agreement, discuss them with your real estate lawyer.
- Real estate law is complex and very difficult for the layperson to understand. In the United States, it is illegal for anyone other than an owner or practicing lawyer to draw up contracts regarding real estate transactions. If you find yourself facing a real estate boundary or access dispute, it is advisable to hire a lawyer who specializes in real estate.