Verbal Easement Agreement

A verbal easement agreement refers to an agreement made between two parties that is not in writing but still serves as a valid and enforceable agreement. Easements are a legal right that allows a person or entity to use another person’s property for a specific purpose. Verbal easement agreements are often made between neighbors for various purposes such as access to a shared driveway, allowing a neighbor to park in your driveway, or allowing a neighbor to use a portion of your land for their gardening purposes.

Verbal easements are recognized under the law if they meet specific criteria. The most important criterion is that the easement must be for a beneficial purpose and must not cause any unreasonable interference with the owner`s use of the property. For instance, if a neighbor agrees to use your driveway to access their property, this easement is considered beneficial and will be enforceable. Conversely, if the neighbor wanted to use your driveway to operate a commercial business, such an easement would not be considered beneficial and would be unenforceable.

Verbal easements can be problematic if there is a dispute between the parties, as the terms of the agreement may be unclear, and there’s no written record. This could potentially lead to confusion, disagreements, and even litigation. Therefore, it is always recommended to get any agreement in writing to avoid any disputes in the future.

In conclusion, while verbal easements are recognized under the law, it is always better to have written documentation of any agreement made between two parties. This ensures that both parties understand the terms of the agreement and can reference it in the future if a dispute arises. An experienced real estate attorney can assist in drafting an easement agreement to ensure that all parties are protected and that the agreement is enforceable.