Ways that an easement-related dispute may be resolved

On Behalf of | Jun 18, 2023 | Real Estate Disputes

When disputes arise over easements, it is important to find a resolution that balances the rights and interests of all parties involved. Sometimes, it is possible to resolve easement-related disputes without judicial intervention.

Other times, there is simply no way for one party to receive the outcome they’re rightfully owed without litigating a dispute. The approach that an aggrieved party needs to take to better ensure a favorable outcome will depend upon the unique nature of the dispute in question.

Negotiation and mediation

Negotiation and possibly mediation are among the most common first steps taken to resolve an easement dispute. The parties involved, along with their legal representatives, can engage in discussions to find a mutually acceptable solution.

Mediation involves the assistance of a neutral third party who facilitates the negotiation process and helps the parties reach a resolution. This approach allows for open communication, compromises and creative problem-solving, aiming to preserve the relationship between the parties while addressing their concerns.


If negotiation and mediation do not lead to a resolution, arbitration can be considered. Arbitration is a more formal process where an impartial arbitrator, or a panel of arbitrators, is appointed to review the evidence and arguments presented by both sides. The arbitrator(s) then make a binding decision to settle the dispute. Arbitration can be less time-consuming and costly compared to litigation, and it offers a level of privacy to the parties involved.


In some cases, when all other avenues fail, the parties may resort to litigation. This involves taking the dispute to court, where a judge or jury will hear the case and make a final decision.

Litigation can be a lengthy and costly process, often leading to increased tensions between the parties. However, it may be necessary if the dispute involves complex legal issues or if the parties are unable to reach a settlement through negotiation, mediation or arbitration.

Making informed choices

Resolving easement disputes in a mutually agreeable manner generally requires careful consideration and open communication between the parties involved. Negotiation and mediation are typically the first steps. Litigation may follow if a resolution cannot be reached without the court’s involvement. The choice of resolution method depends on the nature of the dispute and the willingness of the parties to work towards a solution.