An easement is a legal right to use another person’s property for a specific purpose. Easements are common in North Mississippi, covering everything from rights of way across rural land to utility line access to shared driveways in residential neighborhoods. When the existence, scope, or use of an easement is disputed, the conflict can significantly affect the value and use of the properties involved. At Tollison & Webb P.A., we represent property owners on both sides of easement disputes throughout North Mississippi, in both Chancery Court proceedings and negotiated resolutions.

Types of Easements

Express Easements

An express easement is created by a written document, typically a deed or a separate easement agreement, that explicitly grants the right to use the property for a specified purpose. Express easements are recorded in the property records and run with the land, meaning they bind future owners of both the dominant estate that benefits from the easement and the servient estate that bears the burden of it. Disputes involving express easements often turn on the interpretation of the language in the easement document, particularly when the scope of the permitted use is ambiguous or the parties disagree about what the original grant covers.

Easement by Prescription

A prescriptive easement is established through long-term, open, hostile, and continuous use of another person’s property without permission, similar in concept to adverse possession for full ownership. Mississippi law recognizes prescriptive easements when the required elements are met, and these disputes are common on rural properties where a path, road, or right of way has been used by a neighbor for decades without a formal written agreement. We handle prescriptive easement claims for parties seeking to establish a right they have long used and for property owners defending against claims that an informal use has ripened into a legal right.

Easement by Implication and Necessity

An easement by implication arises when property is divided and the circumstances indicate that an easement was intended even though it was not expressly stated in the deed. An easement by necessity arises when a parcel of land is landlocked and has no access to a public road except across another person’s property. Mississippi courts recognize both types of implied easements in appropriate circumstances. These claims arise frequently in North Mississippi on rural tracts that were divided off from larger parcels without adequate attention to access rights, leaving the resulting parcel without a legally documented means of ingress and egress.

Utility Easements

Utility easements allow power companies, telecommunications providers, pipeline operators, and other utility providers to install and maintain infrastructure across private property. Disputes involving utility easements typically arise over the scope of the easement, the utility’s right to expand or modify its facilities, compensation for damage caused during maintenance or construction, and the location of the easement on the property. We advise property owners on their rights when utility companies seek to exercise easement rights in ways that affect the use and enjoyment of their land.

Common Easement Disputes

Scope of Use Disputes

Even when an easement’s existence is not in question, disputes frequently arise about what the easement actually permits. A right of way granted for agricultural use may be claimed by a new owner as authority for commercial truck traffic. A driveway easement granted to serve one lot may be claimed to serve multiple lots. The scope of an easement is determined by the language of the grant, the circumstances at the time it was created, and the reasonable expectations of the parties. We litigate scope disputes in Chancery Court and advise clients on the extent of their rights and obligations under existing easements.

Interference with Easement Rights

A property owner who interferes with a neighbor’s lawful easement rights, whether by blocking a right of way, building a structure across an access road, or otherwise obstructing the permitted use, may be subject to a court order requiring removal of the interference and payment of damages. We represent easement holders whose rights are being interfered with and pursue injunctive relief and damages in appropriate cases.

Easement Termination and Abandonment

Easements can be terminated in several ways under Mississippi law, including express release, merger of the dominant and servient estates, abandonment through long-term non-use combined with intent to abandon, and in some cases by court order. Property owners who want to confirm that an old easement has been terminated and removed from their title, and easement holders whose rights are being challenged on abandonment grounds, both have strong interests in resolving these questions definitively. We handle easement termination matters in Chancery Court and advise clients on whether an easement they are concerned about is still legally in effect.

Frequently Asked Questions

Can I block a right of way that crosses my property?

Not if it is a valid easement. Blocking or interfering with a lawful right of way exposes you to a court order requiring you to remove the obstruction and potentially to damages for the interference. If you believe the easement has been abandoned or is being used in a way that exceeds its scope, the appropriate course is to raise those issues through legal channels rather than by unilaterally blocking access. We advise property owners on their options when they have concerns about easements crossing their land.

What if my property is landlocked and has no road access?

A landlocked parcel may have a claim for an easement by necessity across a neighboring property to reach a public road. Mississippi courts recognize this doctrine when a parcel was created without access and the claimed easement crosses land that was formerly part of the same tract. Establishing an easement by necessity requires a court proceeding in Chancery Court. We handle these matters for property owners whose land has no documented access and need to establish a legal right of way.

How do I know if my property has easements on it?

A title search of the property records will reveal recorded easements in the chain of title. However, prescriptive easements and easements by implication are not recorded and may only be discovered through a physical inspection of the property and an investigation of how the land has historically been used. A thorough title examination combined with a survey that identifies physical features on the property is the best way to identify all easements that may affect your land.

Can an easement be removed from my property?

Yes, in certain circumstances. Easements can be terminated by agreement with the easement holder, by court order when grounds for termination exist, or through a quiet title action when the easement has been abandoned or otherwise extinguished. We advise property owners who want to remove an easement from their title on the available legal mechanisms and the likelihood of success based on the specific facts of the easement in question.

Contact a Real Estate Litigation Attorney in North Mississippi

If you have an easement dispute in Oxford, Lafayette County, or anywhere in North Mississippi, contact Tollison & Webb P.A. to schedule a consultation.

Call (662) 234-7070 or contact us online.