Posted: Tuesday, June 17, 2025
Author: Daniel Mahoney, Broker | Licensed in MT
Dear Land Expert,
I am preparing to list my Western ranch soon; however, my neighbor is currently contesting an easement that crosses a corner of their property, an access route I’ve used consistently and that has been essential for reaching certain parts of my land. While I’ve always understood this to be a valid easement, they are now challenging its legitimacy. I’m concerned about how this dispute might impact the value and marketability of my property. Could this uncertainty affect buyer interest or my property's value? I’d appreciate your insight on how an ongoing or unresolved easement issue could influence a potential sale.
Dear Access,
This is an issue you’ll want to resolve before listing your ranch for sale. An unresolved easement dispute can impact both your property’s marketability and buyer interest. Contested or uncertain legal access is a red flag for buyers, lenders, and title companies alike—and it can directly affect your property’s value.
A good first step is to conduct a title search or review public records to confirm whether a recorded easement exists and whether it aligns with the access route currently in use.
If the legitimacy of the easement is in question, or if no recorded easement exists, it's wise to consult a reputable real estate attorney. They can assess the enforceability of any existing easement and help determine the best course of action for resolving the dispute before you go to market.
If you're unable to fully resolve the dispute before listing, it’s essential to disclose it to potential buyers. Doing so protects you legally and helps ensure that prospective buyers have a clear and realistic understanding of the situation from the start.
You are on the right track by taking proactive steps now, which can help avoid complications during the sale process and preserve your property's value. By clarifying access rights and addressing any legal uncertainty up front, you'll be in a stronger position when it’s time to market and sell your ranch.
