Olympia Easement Attorney
There are many situations in which some specific person, or even the general public, may obtain the right to use someone else’s property. One such situation involves an “easement.” Easements can take several forms and be created in several ways. Unfortunately, this often leads to disputes. There may be a disagreement as to the extent that rights were given to use the property, the way in which the property may be used, or whether such a right exists at all. Such disputes can quickly result in expensive litigation. Easement related disputes can involve complicated legal issues and it is highly suggested that you contact an experienced property law lawyer to help you. Ben Cushman is an Olympia easement attorney who has been serving the community since 1996. Ben prides himself on providing a high level of service and he takes pride in the results he has obtained on behalf of clients. Contact our office today to schedule an initial consultation. We also serve the Thurston County cities of Lacey, Tumwater, and Yelm, the Pierce County cities of Tacoma, Puyallup, and Lakewood, the Lewis County cities of Centralia, Chehalis, the King County cites of Seattle, Auburn, Bellevue, Burien, and Federal Way, as well as other areas in Washington, including Grays Harbor, Mason, Cowlitz, and Pacific Counties.
Property lawyer handling disputes involving express easements in Olympia, Tacoma, and elsewhere in Washington
An easement is the right to use another’s property for a limited and specified purpose. Easements are usually expressly created through a written document. The typical uses for an easement include granting a right of way over one’s property, allowing access to utilities, or creating views or other property enhancements. The most common type of easement related dispute will be that which involves disagreement over whether the terms of the easement are being violated. When determining whether an “express easement,” which is created through a writing, is being violated the Courts must first determine the actual rights of the parties. To determine these rights the Court will analyze the terms of the written agreement as well as the intention of the parties at the time the agreement was entered into, or even after, such as when the easement was “opened” or built out.
Ben Cushman is a property lawyer who can help with easement disputes. Ben will use your initial consultation to gain an understanding of the facts and to review the relevant documents in your case. He will explore the possibility of resolving the matter without litigation in order to save you time, money, and aggravation. If a resolution cannot be reached then he will file a lawsuit with the Court and may request an injunction either to prevent others from using your property or to ensure that you are allowed to use the rights you have. He will use discovery (the process through which information is gained in a lawsuit) to gain the evidence needed to prove what the intention of the parties was at the time the easement was executed. If necessary, Ben will ensure that your case is prepared for trial and that you know what to expect from the process. He will make sure that your case is properly presented to a jury and that your rights are protected as the case moves forward. We are ready to help you. Contact us today.
Our firm also serves the Thurston County cities of Lacey, Tumwater, and Yelm, the Pierce County cities of Tacoma, Puyallup, and Lakewood, the Lewis County cities of Centralia, Chehalis, the King County cites of Seattle, Auburn, Bellevue, Burien, and Federal Way, as well as other areas in Washington, including Grays Harbor, Mason, Cowlitz, and Pacific Counties.
Olympia attorney assisting with property easements not created by express writing
There are other types of easements in addition to those that are created by express writing. A “prescriptive easement,” for example, can be created when a person or persons are allowed to use someone’s property, without objection, over a prolonged period of time. The existence of such easements can be highly contested and it is important that your lawyer be familiar with handling such matters. Ben can help with such cases. He provides a high level of attorney-client communication while doing so. It is our honor to serve those in the Olympia area and we take this obligation very seriously.