Property Easement Disputes, Right of Way
Coeur d'Alene attorney Kevin Waite:
As a lawyer, I have helped numerous property owners assert their legal rights in disputes over easements and right of way over the last ten years. Real estate disputes often involve emotional as well as practical elements. As your attorney I will evaluate your legal position and your personal goals, then help you find a practical solution to your problem.
I handle property disputes and other civil litigation in the five counties of North Idaho, including Kootenai County (Coeur d'Alene), Bonner County (Sandpoint), Boundary County (Bonners Ferry), Shoshone County (Wallace), and Benewah County (St. Maries).
Property easement disputes
Unlike a boundary dispute, an easement dispute concerns only the right to travel over land, not possession. Property easement disputes typically arise when there is no recorded ingress egress easement, but a person has been traveling over another's land for a number of years, without any objection or permission from the landowner. In these situations a prescriptive easement, which allows that person to continue crossing the property, may be established.
An easement dispute might involve a shared driveway, an emergency vehicle access road to a property, access needed to maintain the property, or simply a walkway to a mailbox. A claim may be based on expansion of use over the course of the history of the property.
Adverse possession and quiet title actions
If property which belongs to another has been continuously occupied (for 20 years), enclosed, and improved upon by someone other than the actual owner, the court may declare that the person who is using the property has established title through "adverse possession." The adverse possessor may then bring a "quiet title" lawsuit to establish their title against any past, present, or future claims.
The early stages of a boundary or easement dispute are critical. If you need a lawyer, or would like to discuss an issue with me, please contact my Coeur d'Alene office at the first opportunity and make arrangements for a free initial consultation.
Kevin J. Waite, P.C.
424 Sherman Avenue, Suite 106
Coeur d'Alene, ID 83814
Phone: (208) 449-1163
Toll Free: (877) 415-9021
Fax: (208) 667-8630
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From offices in Coeur d'Alene, Idaho, attorney Kevin J. Waite serves clients in Coeur d'Alene, Sandpoint, Bonners Ferry, Wallace, St. Maries, and other North Idaho communities throughout Kootenai County, Bonner County, Boundary County, Shoshone County, and Benewah County.
