The Dangers of Vague Language in Easements

The useful part

Vague language in easements is one of the most common sources of property disputes. When the wording is unclear, owners, neighbors, and even tenants can find themselves fighting over basic questions and creating enforcement issues over time. An easement is a legal right to use someone else's land for a specific, limited purpose, such as access, parking, or utilities, without owning that land.

How it works

• The land burdened by the easement is called the "servient estate," and the land or party that benefits is the "dominant estate." How can ambiguous language impact property?
• The language and interpretation of easements are governed under contract law.
• Therefore, courts look heavily at both what was said and what was not said in interpreting the scope of the easement and establishing what is and is not a violation of the easement.
• Depending on the type of easement, the language of an easement is binding on all future owners of both the dominant and servient estate.
• Therefore, while the drafters of the easement may understand the objectives, ambiguous easements can become problematic as properties change hands, especially if the property use evolves.

What to take from it

In Lease, the Leases acquired a landlocked property accessed via an easement over an adjoining tract of appellee landowners, the Dolls. The language of the easement contained no information as to the width of the easement or the intended method of travel. The original owner of the dominant estate did not own an automobile, and the ground adjacent to the stream was soft and damp, sometimes impassable by vehicle.

Details worth keeping

Historically, the right of way had been used primarily as a footpath.