An easement is the right of one neighbouring property owner to use another person’s property in a specified manner — for example, to travel along a road, install utility infrastructure, or obtain water. In practice, easements frequently become a source of prolonged disputes between neighbours because the extent of the rights and precisely what they include may be unclear. We help establish easements correctly, define their scope precisely, and, where necessary, defend or challenge them in court.
We advise both owners of dominant properties who require an easement and owners of servient properties whose property is encumbered by an easement.
The law firm provides daily assistance with:
Establishment of an easement. We advise on the most appropriate method of establishing an easement — by agreement, will, court proceedings, or in cases provided for by law. We draft easement agreements that clearly define the scope of the rights, the conditions of use, the allocation of maintenance costs, and, where applicable, compensation. We assist with registering the easement in the Land Register.
Determining the scope of an easement. Most disputes arise because an easement has been defined too generally. We help specify precisely what is and is not permitted under the easement — for example, in the case of a right-of-way easement, its width, purpose, and intensity of use.
Amendment and termination of an easement. We advise on amending an easement where circumstances have changed and on terminating an easement by agreement, due to the loss of its purpose, following the merger of properties, or in other cases provided for by law. We prepare the necessary documents and make the relevant amendments in the Land Register.
Easement disputes. We resolve disputes concerning the existence, scope, method of use, and maintenance costs of easements through negotiations, settlement, or court proceedings. We represent both parties seeking to protect their easement rights and parties who consider an easement to be unjustified or excessive.
Practical approach:
We begin by assessing the legal status of the property and the actual circumstances, including Land Register entries, plans, and previous use. Where an easement has yet to be established, our objective is to define it with sufficient clarity to prevent a dispute from arising. Where a dispute already exists, we first consider a negotiated solution and proceed to court only where this is not possible.
Latvian legal framework
Easements are governed by the Property Law section of the Civil Law, which establishes their types, the grounds for their establishment, the conditions of use, and the circumstances in which they may be terminated. An easement is generally established by contract, will, court judgment, or law and, in order to be effective against third parties, must be registered in the Land Register in accordance with the Land Register Law.