Difference between Encroachment Agreement and Easement

As a professional, I present to you an article discussing the differences between an encroachment agreement and an easement. These two legal terms are often used interchangeably, but they have distinct differences.

An encroachment agreement is a document that establishes the boundaries of a property by acknowledging the existence of an encroachment. An encroachment is when a person`s property extends onto or over another property without permission. Encroachment agreements are typically used to remedy an existing encroachment or to prevent future encroachments. They are often drafted when property owners want to resolve a dispute over a boundary line or when a property owner intends to build a structure that is partially on their neighbor`s property.

On the other hand, an easement is a legal right to use a portion of someone else`s property for a specific purpose. Easements can be granted to neighbors to allow them access to a shared driveway or to utility companies to maintain power lines or water pipes. Easements can also be used to provide access to a landlocked property or to provide a scenic view. Unlike an encroachment agreement, an easement does not involve any physical intrusion into another person`s property.

Another noticeable difference between an encroachment agreement and an easement is the duration of the agreement. An encroachment agreement is typically temporary and will expire once the encroachment has been remedied or the structure has been removed. Easements, on the other hand, can be permanent or temporary. They can be established for a fixed period of time or for the life of the property.

One of the primary differences between these two legal terms is the degree of ownership each party has over the land in question. In an encroachment agreement, both parties own their respective properties, but one party has built a structure that extends onto the other`s property. In an easement, the party granting the easement retains ownership of their property and only grants the right to use a portion of it to another party.

In conclusion, while an encroachment agreement and an easement may seem similar, they have distinct differences. Encroachment agreements deal with physical intrusions onto another person`s property, whereas easements grant the right to use a portion of another person`s property for a specific purpose. Understanding the differences between these legal terms can help property owners navigate their disputes and establish clear boundaries.