REAL estate & LAND DISPUTES | easements
Easement dispute? As an experienced Montana easement attorney and top-rated trial lawyer, I can help
Easement disputes are among the most common, and heated, disputes that I see.
• As a landowner, you expect reasonable access to your property.
• As a landowner, you also expect to enjoy your property without intrusion or interference by other parties.
In Montana, many parcels of private property are situated away from public roads and to reach them, you must cross property that belongs to someone else. And that is how many conflicts arise. If you have an easement dispute, I have experience and skill that can help.
Property litigation. A principal area of my civil practice.
If you have a serious real estate or land dispute, call me today. I can give you realistic seasoned advice about your situation, the strengths and weaknesses of your case, and how you may resolve your dispute with negotiation, alternative dispute resolution, or litigation.
Experienced Montana real estate attorney who handles disputes involving easements and access to property
About Christopher Meyer
Christopher Meyer, Bozeman Civil Attorney, Top Rated Trial Lawyer, at CD Meyer Law Firm.
Common easement and access issues in Montana
As an owner of real property, you may find yourself faced with questions such as
• Do you have the right to use an existing road to reach your property?
• Can your neighbor lock the gate on the boundary between your properties?
• Must your neighbor give you a key to a locked gate?
As the owner of real property, you may also have questions such as
• Does your neighbor have the right to use a road across your property to reach his or her property?
• Can you lock your gate? Do you have to give your neighbor a key to the gate?
• Does your neighbor have an easement across your property?
• Can you insist that your neighbor use a different route across your property?
• What uses can your neighbor make of a road across your property?
Get legal help from an experienced real estate dispute attorney
As the owner of real property, you and your neighbors use private or public roads to reach your properties.
Private roads can be created in several ways, including grants of easements, easements by reservation, prescriptive easements, and implied easements.
Disputes I handle concerning private roads include
• Whether someone has a valid right to use a private road
• The specific uses that may be made of a private road
• Whether someone is unreasonably interfering with use of a private road
• Whether use of a private road unreasonably interferes with the underlying private property
• Improvements to a private road
• Maintenance or repair of a private road
• Gates on a private road
• Locked gates on a private road
• Blocking or terminating private roads
Public roads can also be created in several ways, including private or statutory dedications and public use of a road that results in a public right of way.
Disputes I handle concerning public roads include
• Whether a public road has been validly created
• Whether gates or locked gates can be installed on a public road; Improvements to a public road
• Unreasonable interference with or encroachment upon a public road
• Blocking or terminating a public road
If you have serious concerns about a private or public road, then please contact me today.
Prescriptive easements can be established by adverse use over a period of years, subject to specific rules that Montana recognizes. Prescriptive easement issues I handle include
• Do I have a prescriptive easement?
• How do I oppose a claimed prescriptive easement?
• What specific uses can I make of a prescriptive easement?
• Can my neighbor change his or her use of a prescriptive easement?
• Can I put gates across a prescriptive easement?
• Can I lock gates on a prescriptive easement?
• Who is responsible for maintenance or repairs of a prescriptive easement?
• Is my neighbor unreasonably interfering with my use of a prescriptive easement?
• Is my neighbor’s use of a prescriptive easement unreasonably interfering with my use of my land?
• What improvements can I make to a prescriptive easement?
• Can I block or terminate a prescriptive easement?
If you have a serious prescriptive easement issue, then please contact me today.
Implied easements and easements by reservation are particular easements that Montana courts recognize in certain situations. These easements are created differently from granted easements and prescriptive easements.
If you have a serious implied easement or easement by reservation issue, then please contact me today.
We generally want to be good neighbors, but sometimes good intentions are not enough when it comes to easements and our neighbors. Neighbor easement disputes I see include
• A neighbor’s unreasonable use of a private or public road
• A neighbor’s unauthorized use of a private road
• A neighbor’s unreasonable interference with a private or public road
• A neighbor refusing to contribute to maintenance or repair of a private road
• A neighbor putting up gates or locked gates on a private or public road
• A neighbor blocking use of a private or public road
If you have a serious neighbor easement issue, then please contact me today.
No legal access to your property?
As a landowner you may discover that you cannot access your property. This can happen because no private or public road access to your property was ever created or recorded. This can also happen because a neighbor has blocked you from your property or has threatened that you do not have access.
If your property is effectively landlocked, please contact me today.
Why choose CD Meyer Law Firm
• If you have a serious dispute, then I will endeavor to investigate your case with exceptional thoroughness.
• I will advise you candidly about the strengths and weaknesses of your case and about how a court could view your situation.
• Drawing on my experience in real estate disputes and more than twenty years of litigation experience in state and federal court, I will give you seasoned realistic advice.
• If a negotiated resolution of your dispute is in your best interests, then I will work determinedly to accomplish a settlement that protects your rights.
• If court is necessary, however, then I will represent you tenaciously
• If you have a serious dispute, then I will endeavor to investigate your case with exceptional thoroughness.
• I will advise you candidly about the strengths and weaknesses of your case and about how a court may view your situation.
• Drawing upon my experience in civil disputes and more than twenty years of litigation experience in state and federal court, I will give you seasoned realistic advice.
• If a negotiated resolution of your dispute is in your best interests, then I will work determinedly to accomplish a settlement that protects your rights.
• If court is necessary, however, then I will represent you tenaciously.
CD MEYER LAW FIRM, PLLC
1 East Main, Suite 203
Bozeman, Montana 59771
Please send correspondence to:
P.O. Box 1172, Bozeman, Montana 59771