Easements, Emotions, and Early Mediation: Keeping the Peace Next Door

September 8, 2025

Easement disputes often look simple on paper but feel far more complex on the ground. I’m currently preparing to mediate a rather typical easement conflict where the law is actually quite clear, but the emotions are far more muddled.

It’s not an uncommon fact scenario. Several neighbors share a long driveway on a rural road. The owner of one of the dominant tenements (Owner A) recently transformed a portion of the easement with gorgeous, and expensive, landscaping admired by all the neighbors, including the owner of the servient tenement (Owner B). Owner B, mindful of his easement rights, worries that Owner A’s improvements might evolve into prescriptive claims. What began as lovely property enhancement mutually enjoyed by all has now sparked mistrust, legal bills, and growing tension.

Fortunately, on the eve of a lawsuit being filed, the parties have decided to have me mediate the dispute, including participation from other neighbors as well. That decision will most likely result in far less money and stress spent in the short term and, if all works out, may also salvage neighborly relations that could last a life time.

Why Early Mediation Works

Cost control: Attorney fees can quickly outstrip the value of the strip of land at issue.
Flexibility: Courts can only declare rights; mediation can craft more creative solutions.
Relationship focus: A settlement can keep relations more “neighborly” long after the dispute has resolved.

Creative Settlement Ideas

As I approach this multi-neighbor mediation with cautious optimism, I will stay open minded to all potential settlement opportunities that maximize the positives of the shared beautification and minimize individual areas of mistrust. While the potential ideas for resolution will be better informed by the concerns expressed from all sides during mediation, preliminary brainstorming includes the following possibilities:

Assurance agreement that provides more certainty and specificity of easement rights while negating concerns over prescriptive claims.
Revocable license for landscaping work, which could limit revocability to specific circumstances.
Shared maintenance plan to ensure the landscaping is properly maintained and beneficiaries share in the cost.
Use protocols (e.g., height limits, no structures) to protect functionality of the driveway, views, etc.
Seasonal/rotating plantings to balance enjoyment and permanence.
Periodic check-ins with a neutral party to air concerns and keep expectations clear.
Joint Landscape Plan: Agreement to use the same landscape architect for future improvements for uniformity of aesthetics.
Plant Palette Agreement: Approve a list of preferred plants/landscaping style that enhance the area but don’t threaten access or create prescriptive issues (e.g., low ground cover, seasonal color, removable planters).
Visibility Strip: Maintain a designated portion of the easement as permanently clear (e.g., gravel path or pavers), with landscaping confined to borders.
Permeable Improvements: Use pavers, stepping stones, or removable planters instead of permanent hardscape — making it obvious they are temporary and permissive.
Boundary Markers: Install tasteful markers or edging that show where the easement path lies, reducing ambiguity about rights.
Shared Storage/Utility Area: Convert part of the easement (if wide enough) into mutually beneficial use, like storage for trash/recycling bins, with express agreement it doesn’t reduce rights.
Neighbor “Check-Ins”: Schedule annual or semi-annual meetings (informal coffee or written checklists) to reaffirm everyone’s understanding.
“Beautification Committee”: Owners agree to jointly approve any new additions to the area, making the process collaborative.
Record a “Permission Memorandum”: A short document recorded with the county affirming that improvements are by permission only, not adverse, to cut off prescriptive claims.
Insurance/Indemnity Agreement: Dominant owner maintains insurance covering accidents in the landscaped area, easing the servient owner’s liability concerns.

The Real Win

Early mediation reframes the problem: not “who wins this fight over the land,” but “how can we keep peace in the neighborhood?” In this case, it means protecting legal rights while preserving the beauty and goodwill that thoughtful landscaping can bring.

By stepping into mediation early, these neighbors have already chosen the wiser path—toward resolution, respect, and maybe, just maybe, some renewed friendships.

Hon. Victoria Wood (Ret.)