You find your dream commercial real estate property up for sale. You can already envision how you’re going to remodel the space. However, you get an unexpected piece of bad news after conducting a title search. Your legal team discovers that the property has an easement that may affect your renovation work and future business operations.
How do you deal with this development?
Can you challenge easements?
Yes, you can challenge an easement. Challenging an easement requires going to court and presenting your case. The legal dispute will be between you and the entity that has the easement or uses it—not with the seller.
Talk to the other party
Litigation can be expensive and time-consuming. Before filing a suit, try talking with the other party first. Some questions you may ask include:
- If they still actively use the easement
- If they have other ways of accessing their property or public utilities
- If they are willing to change the terms of the easement
Even if they are unwilling to give up on the ease of access or usage that the easement provides, they may be willing to change how they use it or to put an expiration date.
Examine the specifics
Examine the specifics of the easement as well. A lawyer experienced in handling easements, especially involving commercial real estate, can assist in going through every detail of the document.
Many easements transfer from one property owner to the next. However, other easements may have expiration dates. You may be able to wait out the stated period rather than going to court.
Examining the easement document may also reveal whether or not the other party is using it properly. Misusing the easement can be grounds for taking legal action against the other party and a valid reason for requesting termination of the easement.
Seek professional advice
A commercial real estate law attorney experienced in handling easements can help you understand the easement’s terms and challenge them if necessary. Moreover, if the seller failed to disclose the easement and you found out about it on your own, the issue would likely end up in court. It’s essential to have the right real estate lawyer handle litigation or negotiate alternative solutions to resolve the matter.