If a neighbor or other persons are using your property to access their land or other property it is possible that they could gain a “prescriptive” easement – a legal right to use your land for a specific purpose. If you desire that the use of your land be stopped then it is important to be proactive with written notice and even perhaps physical barriers. However, if you have no real objection to the use of the land, by providing “permission” you can preserve full ownership of land rights and the right to revoke future use. Another option is grant and record an easement for compensation. By granting an easement, the right to use the land for the specific purpose will be preserved when the property transfers ownership.
As well, if you are benefiting from a covenant or promise with a neighbor about a land use issue, and the neighbor sells their property, the new neighbor may will have no obligation to you if the covenant is not recorded. To protect your ownership and land use rights, have Attorney Andrew Bernick ensure that properly drafted easements and covenants are recorded in the county records. Or for consultation on how to protect your property from prescriptive easements and unwanted use by others, contact Andrew Bernick. Call 512-763-5370 or email Andrew@BernickLegal.com