Dickerson & Smith Law Group Attorneys and Counselors at law
  • Home
  • Firm Overview
    • David D. Dickerson Jr.
    • P. Todd Sartwell
    • David William Mettler
    • Michael Thomas Pallai
    • Samantha M. Barnett
    • David D. Dickerson Sr.
      (In Memoriam)
    • William B. Smith
      (In Memoriam)
  • Practice Areas
    • Bankruptcy
    • Business & Commercial Law
    • Car Accidents
    • Criminal Law
    • Employment Law
    • Estate Planning, Probate & Elder Law
    • Family Law
    • Military Law
    • Personal Injury
    • Real Estate Law
    • SSDI And SSI
    • Workers’ Compensation
  • Blog
  • Contact
Call Our Team Today: 757-828-0031
Dickerson & Smith Law Group Attorneys and Counselors at law
  • Home
  • Firm Overview
    • David D. Dickerson Jr.
    • P. Todd Sartwell
    • David William Mettler
    • Michael Thomas Pallai
    • Samantha M. Barnett
    • David D. Dickerson Sr.
      (In Memoriam)
    • William B. Smith
      (In Memoriam)
  • Practice Areas
    • Bankruptcy
    • Business & Commercial Law
    • Car Accidents
    • Criminal Law
    • Employment Law
    • Estate Planning, Probate & Elder Law
    • Family Law
    • Military Law
    • Personal Injury
    • Real Estate Law
    • SSDI And SSI
    • Workers’ Compensation
  • Blog
  • Contact
Email
CALL

Over 100 Years Of Collective Experience

  1. Home
  2.  | 
  3. Firm News
  4.  | 
  5. What rights do you have with an easement?

What rights do you have with an easement?

On Behalf of The Dickerson & Smith Law Group | Jun 1, 2018 | Firm News, Residential Real Estate |

When buying real estate, it is very important to find out if anyone else has an easement that goes with the land. Typically, the easement is going to stay with the property, even through a sale, so you may have to honor it even though you had nothing to do with the initial agreement.

An easement is often referred to as a “nonpossessory property interest.” This just means that the person who benefits from it does not own the property and cannot claim to possess it in any way, but that he or she is still allowed to use it without obstruction. Even the property owner cannot stop this agreed-upon use. Likewise, the person who holds the easement cannot stop others from also using the land, unless the way they are doing it interferes with that use.

For instance, perhaps you are thinking about buying a home near a lake, on a front lot. There is another house behind it, on a back lot that is cut off from the lake. To get down to the shoreline, there is a small driveway running through the front lot and connecting the back lot with the water.

If the people on the back lot have an official easement allowing them to use the driveway to get to the lake, you cannot stop them from doing so. This means you can’t eliminate the driveway and turn it back into grass, you cannot build any structures on it and you cannot put up fences and gates to keep the people on the back lot out. They have a legal right to use your land, even though they only own the back lot.

Confusion over easements is common. Be sure you know your rights.

Source: FindLaw, “Easement Basics,” accessed June 01, 2018

Recent Posts

  • What if my spouse hides assets during our Virginia divorce?
  • What are the witness requirements for a Virginia will?
  • How long does it take to complete Chapter 13 bankruptcy?
  • Third-party liability: What if a rideshare driver hits you?
  • Safety in Virginia Beach: Avoiding dangerous roads and intersections

Categories

  • Bankruptcy
  • Car Accidents
  • Construction Accidents
  • Divorce
  • Drunk Driving Accidents
  • DWI
  • Estate Planning
  • Firm News
  • Motorcycle Accidents
  • Probate
  • Real Estate Transactions
  • Residential Real Estate
  • Shipyard Injuries
  • SSDI / SSI
  • Truck Accidents
  • Uncategorized
  • Workers' Compensation

Archives

American Bar Association
Virginia State Bar 1938
Virginia Beach Bar Association
Virginia Trial Lawyers Association
Federal Bar Association Org. Jan. 5th 1920
The American Trial Lawyers Association

Contact Us For All Legal Matters
Big And Small

 

Partner with a team of advocates you can depend on. Get started today.

Dickerson & Smith Law Group Attorneys and Counselors at law

Office Address

115 South Lynnhaven Road
Suite 100
Virginia Beach, VA 23452

  Viginia Beach Office

Phone Number

757-828-0031
  • Follow
  • Follow
  • Follow

© 2026 Dickerson & Smith Law Group • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

Dickerson & Smith Law Group is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

Review Us