Comprehensive Guide to Easements and Rights of Way in East Ridge
Property owners in East Ridge frequently face questions about easements and rights of way that affect use, access, and value of land. When boundaries are unclear or a neighbor claims access across your property, a measured legal review helps clarify legal rights and practical options. This page explains common types of easements, how they are created, and what steps property owners may take to protect or challenge access rights. If you own property in Hamilton County or the surrounding Tennessee communities, understanding these issues early can prevent costly disagreements and preserve the usability of your land over time.
Navigating easement and right of way issues often involves records, maps, surveys, and careful negotiation. Many matters begin with review of deeds and recorded instruments to determine whether rights were granted, reserved, or implied. In other cases, long‑standing use can give rise to prescriptive claims or other equitable remedies. A clear plan that includes fact gathering, outreach to other parties, and documented agreements can resolve disputes without court involvement. For residents of East Ridge and nearby areas, a proactive approach to resolving encroachments or access conflicts can save time and help maintain good neighbor relations.
Why Addressing Easements and Rights of Way Matters for Property Owners
Resolving easement and right of way concerns protects property value and prevents future use conflicts that interfere with enjoyment and development of land. Clarifying whether rights are legally enforceable helps landowners make informed choices about fencing, landscaping, construction, and sale of property. Addressing these issues early reduces the risk of surprise claims during a sale or development project and can prevent lengthy disputes later. Property owners who secure clear written agreements or court determinations gain predictability for future use and reduce uncertainty for lenders, buyers, and neighbors alike.
About Jay Johnson Law Firm and Our Approach to Property Matters
Jay Johnson Law Firm serves clients across Tennessee, including East Ridge and Hamilton County, with focused assistance in real estate matters such as easements and rights of way. The firm combines careful document review with practical negotiation strategies and, when necessary, formal legal filings. We prioritize clear communication and timely updates so clients understand options and likely outcomes. Whether resolving a boundary access issue through agreement or pursuing legal clarification in court, the firm helps property owners move forward with plans that protect their interests and the long‑term usability of their land.
Understanding Easements and Rights of Way: What Property Owners Should Know
Easements grant limited rights for one party to use another’s land for a particular purpose, and rights of way are a common form of easement that allow passage across property. These rights can be created by written deed, express grant, reservation, implication from prior use, prescription, or necessity. Each method has different evidence requirements and legal consequences. Recognizing how an easement arose and the scope of permitted use is essential for resolving disputes and planning property projects that affect access or utility lines.
When evaluating an easement claim, key questions include who holds the right, how it was created, whether the scope is limited or broad, and whether any abandonment or termination has occurred. Property owners must consider physical use, written instruments in the chain of title, and whether any public authority has legal rights of access. Understanding the legal basis for a claim helps determine whether negotiation, boundary adjustment, or litigation is the appropriate course of action. Careful documentation and early outreach often produce practical solutions without prolonged conflict.
Definition and Practical Explanation of Easements and Rights of Way
An easement is an interest in land that allows use by someone other than the record owner for a specified purpose, such as access, utilities, or drainage. Rights of way are easements that permit passage across another’s land, often to reach a public road or to access utilities. The precise rights depend on the language of any recorded document and the history of use. A recorded easement typically controls the scope, but longstanding use or ambiguous instruments can create disputes that must be resolved by reviewing title records, maps, and witness statements.
Key Elements, Documentation, and Typical Processes in Easement Matters
Resolving easement issues usually begins with a title search and review of recorded documents to identify any grants, reservations, or restrictions. A professional survey can confirm the physical location of claimed rights and any encroachments. From there, parties may negotiate clarifying language, create written agreements to adjust boundaries or usage, or pursue declaratory relief in court when the record is unclear. Effective resolution relies on careful fact gathering, clear legal analysis of recorded instruments, and a practical plan that accounts for long‑term property uses and potential development goals.
Key Terms and Glossary for Easements and Rights of Way
A working familiarity with core terms helps property owners and buyers understand their rights and obligations. This glossary explains common words used in easement and right of way matters so that documents, surveys, and title reports can be read with more confidence. Clear definitions reduce misunderstandings and make discussions with neighbors, title companies, or local officials more productive. Reviewing the basic vocabulary prepares owners to identify potential issues early and to describe concerns precisely when seeking assistance or negotiating agreements.
Easement
An easement is a legal right to use another party’s land for a specific purpose while the ownership of the land remains with the record owner. Easements can be affirmative, allowing action such as passage, or negative, restricting certain uses that would interfere with the easement holder’s rights. They may be appurtenant, benefiting adjacent land, or in gross, benefiting an individual or utility company. Understanding whether an easement runs with the land or is personal to a party affects transferability and future property planning.
Prescriptive Easement
A prescriptive easement arises from long, continuous, and open use of land without the owner’s permission when statutory conditions are met. The required period of use and specific legal elements vary by jurisdiction, but the concept is that prolonged, notorious use can establish legal rights. Proving a prescriptive easement typically involves showing years of uninterrupted access, the nature of the use, and the absence of permission or challenge from the landowner. Defense against such claims focuses on demonstrating permissive use, lack of required continuity, or active objection documented by the owner.
Dominant and Servient Estate
These terms describe the relationship between properties in an easement. The dominant estate benefits from the easement and uses the servient estate to access a road, utility, or other resource. The servient estate is burdened by the easement and must tolerate the limited use by the dominant estate. Identifying which parcel is dominant and which is servient helps determine rights and responsibilities, such as maintenance obligations, and clarifies how future transfers of title may affect the easement.
Right of Way
A right of way is a type of easement that allows movement across property, typically for access to a public road or between parcels. Rights of way can be private agreements between landowners or public rights granted to municipalities and utilities. The document creating the right of way usually defines the width, permitted activities, and any maintenance duties. Resolving disputes over a right of way requires examining the recorded instrument, historical use, and any changes in access needs brought about by development or altered property lines.
Comparing Limited Actions to a Full Legal Approach for Easement Issues
Property owners can often begin by pursuing limited actions such as a focused title clarification, survey, or negotiation to resolve minor access disagreements. These measures are appropriate when the record is generally clear and parties are willing to communicate. A more comprehensive legal approach may be needed when claims are contested, the chain of title is complicated, or the dispute threatens property development or financing. Evaluating options requires balancing cost, time, and the long‑term importance of resolving access rights to avoid recurring conflicts.
When a Narrow or Limited Approach May Resolve the Matter:
Minor Boundary or Access Clarifications
A limited approach can be effective when a dispute involves a small encroachment, ambiguous language in an older deed, or a title issue that a short review can address. In many cases, obtaining a current survey and a targeted title search reveals the true status of rights and encourages neighborly resolution. Short written agreements that clarify use or set reasonable conditions for access can prevent escalation. This route is often faster and less costly than full litigation while delivering certainty for immediate property use.
Narrow Title or Survey Reviews
When the main question is whether a recorded instrument contains a specific right, a targeted title review and survey can confirm whether a legal easement exists as written. This focused investigation is appropriate when parties have generally cooperative relations and seek a clear record for a sale or improvement project. Timely clarification through documentation and recorded amendments can resolve the issue without extended dispute. This path works best when factual records are adequate and no longstanding disputed use is alleged.
When a Broader, Comprehensive Legal Approach Is Advisable:
Complex Disputes and Historic Claims
A comprehensive approach is warranted when disputes involve contested title chains, multiple parties claiming conflicting rights, or long‑standing use that may give rise to prescriptive claims. These situations often require in‑depth research, deposition preparation, and legal filings to secure an authoritative resolution. When property development, financing, or sale depends on clear access rights, a thorough legal strategy reduces risk by addressing all potential claims and defenses. Comprehensive work can produce final determinations that endure through transfers and future use.
Creation of New Easements and Development Planning
When landowners pursue subdivision, development, or formalization of shared access, drafting precise easement agreements and coordinating title changes requires a comprehensive approach. Detailed agreements should define use, maintenance, liability, and procedures for future modification. Working through these matters early protects the investment value of the project and prevents disputes among lot owners. A broader process also anticipates third‑party interests such as utilities or municipal requirements, ensuring access arrangements are durable and acceptable to lenders or buyers.
Benefits of Taking a Comprehensive Approach to Easement and Right of Way Issues
A comprehensive approach brings clarity to ownership interests and reduces the likelihood of recurring disputes by resolving all potential claims and documenting clear terms for use and maintenance. When agreements are recorded and supported by survey evidence, subsequent buyers and lenders gain confidence in property rights. Comprehensive review also identifies latent problems in the title or historic use that could affect future development or resale, allowing those issues to be addressed before they become impediments to transactions or projects.
In addition to legal clarity, a thorough process can establish practical rules for maintenance, access hours, and liability allocation among users. These details reduce friction among neighbors and facilitate cooperative stewardship of shared resources like driveways, private roads, and utility corridors. Investing time to create detailed, recorded agreements often saves money in the long run by preventing costly litigation and ensuring that property plans proceed without unexpected access disputes that delay projects or threaten financing.
Improved Title Clarity and Marketability
Resolving easement issues through a comprehensive process improves title clarity, which directly affects property marketability and the ability to finance improvements. Clear documentation of rights and responsibilities reassures buyers and lenders that access is settled and predictable. This stability makes properties more attractive and reduces the need for post‑closing disputes. For owners planning to sell or refinance, addressing easement concerns proactively supports smoother transactions and can preserve property value by eliminating hidden encumbrances that might otherwise surface during closing.
Long‑Term Use Certainty and Reduced Future Conflicts
A detailed easement agreement sets expectations for use, maintenance, and dispute resolution, creating long‑term certainty for all parties. When responsibilities are spelled out and recorded, neighbors and successors are less likely to disagree about access or repairs. This predictability supports peaceful co‑existence and prevents small disagreements from escalating. Establishing clear rules about permissible activities and upkeep creates a stable environment for property enjoyment and planning, which benefits current owners and future purchasers alike.
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Practical Tips for Handling Easements and Rights of Way
Document Everything Early
Keeping clear records from the outset helps protect your position in any easement or right of way matter. Gather deeds, plats, recorded easement instruments, survey maps, photographs of use, and correspondence with neighbors or utilities. Detailed documentation of dates, controlled use, and any permissions or objections provides the factual foundation needed to assess claims and negotiate effectively. Early organization of records also allows quicker responses to buyer or lender inquiries and streamlines the process of drafting agreements or presenting a case to a court when necessary.
Obtain a Professional Survey
Consider Negotiation Before Litigation
Approaching neighbors and other parties with a willingness to negotiate can resolve many easement issues more quickly and affordably than court proceedings. Mediation and settlement discussions create space to find mutually acceptable arrangements for access, maintenance responsibilities, and future modifications. Negotiated agreements can be tailored to practical needs and recorded to provide durable protection. While litigation remains an option for contested matters, beginning with respectful negotiation often preserves relationships and reduces time and expense while still achieving legally binding results.
Reasons Property Owners in East Ridge Choose Legal Help for Easements
Property owners seek legal assistance for easements and rights of way when uncertainty threatens a planned sale, refinance, or construction project. Legal review helps identify recorded rights that might limit development options or impose obligations. Owners also turn for assistance when disputes with neighbors over access, parking, or utility placement become personal or persistent. A legal review can determine whether informal arrangements should be memorialized in writing to protect long‑term use and value, and a lawyer can advise on the best procedural steps to create or defend rights.
Other reasons to obtain legal guidance include preventing a small issue from escalating into a costly lawsuit, ensuring that any new easement is drafted with enforceable terms, and resolving claims that might compromise financing or sale of the property. Legal help is also important when multiple owners or public entities assert conflicting interests, because resolving those disputes typically requires coordinated legal action. Thoughtful legal planning provides a roadmap to resolve conflict, document agreed terms, and protect property interests over the long term.
Common Circumstances That Lead Property Owners to Seek Easement Assistance
Typical situations include neighbor encroachments on driveways or shared paths, unclear or missing written easements discovered during a sale, claims of long‑standing access that raise prescriptive issues, and disputes with utilities or municipalities over maintenance and access. Development projects that alter access patterns or create new lots also require formal easement arrangements. In all these cases, a careful factual and title review followed by well‑documented agreements or court clarification is the most reliable way to secure predictable use of the property.
Neighbor Property Encroachments
Encroachments occur when structures, driveways, fences, or landscaping extend onto another parcel and interfere with rights or use. Resolving encroachments may involve negotiation to remove the intrusion, agree to a recorded easement, or pursue a court order depending on the circumstances and the parties’ willingness to cooperate. Early communication supported by survey evidence often leads to practical solutions; when that fails, documenting the encroachment and pursuing legal remedies can clarify ownership and protect future property plans.
Unclear or Missing Written Easements
Sometimes recorded documents are ambiguous or absent, leaving property owners uncertain about access rights. This can surface during title searches for sale or financing and may delay transactions. When written easements are unclear, a combination of title work, survey evidence, and review of historical use helps determine whether legal rights exist and their scope. Formalizing arrangements with clear, recorded instruments resolves ambiguity and prevents future disputes among owners and successors.
Public Right of Way Conflicts
Conflicts with public entities or utilities over rights of way can involve questions of maintenance responsibility, liability, or the extent of public access. Resolving these matters often requires reviewing municipal records, permits, and any conveyances granting rights to public authorities. Property owners have options to negotiate agreements that define responsibilities or to seek legal clarification when public claims exceed documented authority. Carefully documenting any agreed terms protects private interests while recognizing legitimate public access needs.
Easements and Rights of Way Lawyer Serving East Ridge and Hamilton County
Jay Johnson Law Firm assists East Ridge property owners with easement and right of way matters, offering practical guidance and legal options tailored to each situation. We help gather records, review title documents, coordinate surveys, and negotiate or draft recorded agreements. When disputes require litigation, we prepare thorough legal filings and pursue court resolution. Residents may contact the firm to discuss their situation, review potential options, and develop a plan that protects use and value of their property in the local Tennessee context.
Why Property Owners Rely on Jay Johnson Law Firm for Easement Matters
Clients choose Jay Johnson Law Firm for clear communication and individualized strategies that prioritize practical outcomes. The firm focuses on understanding each property owner’s objectives, whether preserving access, resolving an encroachment, or preparing property for sale or development. By combining thorough document review with a pragmatic approach to negotiation and, if necessary, litigation, the firm helps clients obtain predictable solutions that support long‑term property goals in East Ridge and the surrounding Tennessee areas.
From reviewing recorded deeds and plats to coordinating surveys and drafting enforceable agreements, the firm’s services address both legal and practical aspects of easement issues. Our work aims to minimize disruption to daily use while securing documented rights that will endure through transfers of title. We emphasize timely action to prevent claims from becoming entrenched and to clear title issues that might affect financing or sale. The goal is to provide clarity and resolution with attention to local practice and legal requirements.
When disputes escalate, the firm prepares cases for litigation with a focus on presenting persuasive factual evidence and well‑organized legal arguments. At the same time, we look for opportunities to resolve matters through negotiation or alternative dispute resolution when that better serves a client’s objectives. Throughout the process, we communicate options, likely timelines, and potential costs so property owners can make informed decisions about protecting their land and access rights in East Ridge.
Contact Jay Johnson Law Firm to Discuss Easement and Right of Way Concerns
Our Process for Handling Easement and Right of Way Matters
Our process begins with a focused intake to understand the property, pertinent documents, and the client’s objectives. We then perform a title and records review, coordinate any necessary surveys, and evaluate the legal basis for asserted rights. After presenting options, we pursue the chosen path, whether that means drafting a clear recorded agreement, negotiating a resolution with other parties, or initiating court proceedings. Throughout, we emphasize practical solutions that protect property use and minimize unnecessary delay.
Initial Review and Fact Gathering
The initial step involves collecting deeds, plats, historical records, photographs, and any prior agreements that affect the property. We examine recorded instruments to identify grants, reservations, or restrictions on title and assess whether surveys or additional evidence are needed. This fact gathering clarifies the legal foundation for any claim and informs a practical strategy. Clear documentation at this stage lays the groundwork for negotiation, drafting, or litigation, and helps the client understand likely outcomes and timelines.
Title and Records Examination
A thorough title search and review of recorded documents is central to understanding easement rights and limitations. We look for deed language, prior easements, covenants, and any recorded maps that shape access rights. Identifying the recorded basis for a claimed easement clarifies whether an express grant exists or whether other doctrines might apply. This legal analysis provides the foundation for determining whether negotiation, drafting of a new agreement, or declaratory relief is the most appropriate next step.
Property Visit and Survey Coordination
Confirming the physical facts on the ground often requires a professional survey and a site visit. A survey locates boundaries, monuments, and any encroachments, while a site visit helps document actual use patterns and physical features. Coordination with surveyors ensures that any proposed easement descriptions align with measurable, recorded boundaries and that agreements reflect real conditions. Accurate mapping and evidence are essential for negotiated solutions or, when needed, persuasive presentation in court.
Negotiation and Agreement Drafting
After establishing the legal and factual background, we pursue negotiated solutions when possible, aiming to reach recorded agreements that address use, maintenance, and access expectations. Drafting precise language and legal descriptions prevents misunderstandings later and ensures enforceability. When parties are willing to cooperate, mediation and direct negotiation can resolve disputes efficiently. Clear, recorded documentation of any agreement helps prevent future conflict and provides the certainty buyers and lenders rely upon during real estate transactions.
Drafting and Reviewing Easement Agreements
Easement agreements should clearly define the scope of permitted use, maintenance responsibilities, liability allocation, and procedures for amendment or termination. We draft language that reflects the parties’ intentions and aligns with title and survey evidence so agreements remain valid and intelligible to successors. Careful drafting reduces ambiguity and diminishes the risk of future disputes, while precise legal descriptions ensure that the easement boundaries are enforceable and appropriate for intended uses.
Mediation and Settlement Discussions
When parties prefer to avoid court, mediation or facilitated settlement discussions provide structured opportunities to reach common ground. Neutral mediation helps surface underlying interests and develop creative solutions that litigation may not deliver. Agreements reached through these processes can be recorded and implemented promptly, preserving relationships and reducing costs. Choosing mediation often shortens timelines and fosters durable outcomes by securing voluntary compliance and explicit terms for future interaction among property owners.
Litigation and Formal Resolution When Necessary
If negotiation and alternative dispute resolution do not produce acceptable outcomes, pursuing court action may be required to establish or contest easement rights. Litigation involves preparing pleadings, developing evidence, taking depositions, and presenting arguments on the legal basis for an easement or its termination. While court resolution is more time consuming, it provides a definitive determination of rights and obligations that binds parties and can be recorded to clarify title for future transactions.
Filing Claims and Preparing for Court
Preparing for court requires assembling documentary evidence, survey data, witness statements, and legal research to support the claim or defense. We draft clear pleadings that define the relief sought, whether declaratory judgment, injunction, or quiet title. Thorough preparation, organization of evidence, and focused legal arguments increase the likelihood of a favorable resolution and reduce the risk of costly appeals. The aim is to present the most persuasive factual and legal case to a judge or jury when necessary.
Post‑Judgment Actions and Enforcement
After a court decision, additional steps may be needed to record orders, enforce rights, or implement agreed remedies. This can include recording the judgment or deed revisions to reflect the court’s determination, overseeing physical adjustments, or seeking enforcement remedies if the other party fails to comply. Managing post‑judgment tasks ensures the court’s resolution translates into real property changes on the ground and maintains clear title for the property owner going forward.
Frequently Asked Questions About Easements and Rights of Way in East Ridge
What is an easement and how does it affect my property?
An easement is a legal right allowing someone other than the owner to use property for a specified purpose, such as access, utilities, or drainage. The easement may be recorded in the chain of title, implied from prior use, created by necessity, or acquired through long‑term open use under state law. The presence of an easement limits the owner’s exclusive use only to the extent defined by the easement, which means certain activities may be restricted or require coordination with the easement holder.To assess how an easement affects your property, review recorded deeds and plats and consider a current survey. Knowing the precise scope and location of the easement helps determine what uses remain available and whether modifications or clarifications are advisable to protect property value and intended projects.
How can I find out if there is a recorded easement on my land?
To determine if a recorded easement exists, start with a title search and examine the county register of deeds for recorded instruments tied to your property. Deeds, plats, and recorded easement documents identify grants, reservations, or restrictions that affect use. Title companies and attorneys can perform a comprehensive search that includes historical records.If records are inconclusive, a professional survey and review of historical use may reveal unrecorded rights or practical access patterns that have been respected over time. When uncertainty persists, formal legal actions such as a declaratory judgment can clarify rights for the benefit of current and future owners.
Can a neighbor gain a right of way by using my property for many years?
In some circumstances, long, open, and continuous use of land without permission can give rise to a prescriptive easement under state law, permitting the user to continue that use. The requirements and time period vary by jurisdiction, and the party asserting such a right must typically show that the use was notorious, adverse, and uninterrupted for the statutory period.A landowner who documents permission, objects clearly and promptly, or otherwise demonstrates that the use was permissive may prevent the establishment of a prescriptive right. Early action, such as written notices or recorded agreements, often prevents unintentional creation of these rights and protects the owner’s interests.
What are my options if a utility company claims a right to access my land?
Utility companies often have recorded easements or statutory rights that permit them to access private land for installation and maintenance of lines or pipes. Reviewing recorded instruments and permits will reveal the extent of any such rights and whether the utility’s claimed access is supported by documentation. If the utility lacks a clear recorded easement, negotiation can sometimes establish reasonable access terms that protect both the owner’s property and the utility’s operational needs.When disputes arise over scope or impact, documentation, surveys, and written communication with the utility help define responsibilities and limits. If needed, legal action may be pursued to contest improper access or to compel adherence to established procedures for restoration and maintenance.
How should I respond if a buyer discovers an unclear easement during a sale?
If a buyer discovers an unclear easement during a sale, the parties may pause closing while the issue is investigated. A focused title search and survey can clarify whether the easement exists and its scope. Often, the seller, buyer, and lender can agree on resolution steps, such as obtaining title insurance endorsements, drafting clarifying language, or executing a recorded agreement to confirm the intended rights.Addressing the issue before closing prevents future disputes and protects the transaction. When parties cannot agree, either party may seek legal clarification or adjust the terms of the sale to account for the unresolved issue, but early cooperation typically yields the most practical and cost‑effective result.
Can easements be modified or terminated?
Easements can be modified or terminated in a variety of ways, including by agreement of the parties, abandonment shown by clear, affirmative actions inconsistent with continued use, merger of the dominant and servient estates under the same ownership, or court order when legal standards are met. Any modification or termination should be recorded to avoid future confusion and ensure enforceability against successors.Negotiated modifications are common when changing land use or when parties agree on new terms for access and maintenance. When parties disagree, legal remedies may be necessary, and careful documentation and legal analysis are required to determine whether termination or adjustment is possible under the circumstances.
What role does a survey play in resolving an easement dispute?
A professional survey establishes the physical boundaries, monuments, and the precise location of a claimed easement or encroachment. Surveys provide the factual basis that supports negotiation, drafting of legal descriptions, or court evidence. Without a survey, parties may rely on inaccurate assumptions about location, which can lead to continued disputes or improper agreements.Survey evidence combined with recorded instruments and historical use typically forms the strongest foundation for resolving access issues. Timely coordination with a surveyor clarifies the landscape and helps ensure that any recorded agreements accurately reflect the real property lines and intended easement areas.
Are there alternatives to going to court to resolve an access dispute?
Alternatives to litigation include direct negotiation, mediation, and arbitration, all of which can produce binding agreements without formal court proceedings. Mediation offers a neutral forum where parties can explore practical solutions and craft terms tailored to their needs. These approaches often save time and expense while preserving relationships among neighbors or co‑owners.Drafting a recorded agreement after reaching terms in alternative dispute resolution prevents recurrence and provides the clarity that lenders and buyers require. Choosing an appropriate path depends on the nature of the dispute, the relationship between the parties, and the desired finality of the outcome.
How do easements affect property development or building permits?
Easements can significantly affect development plans and permitting by creating restrictions on where structures or driveways may be located and by imposing maintenance obligations. Before obtaining building permits, reviewing recorded easements and obtaining a current survey ensures proposed improvements do not encroach upon granted rights. This review prevents delays, costly redesigns, or the need to secure modifications to existing easements.When development requires new or altered easements, careful drafting and recording of those instruments is essential. Clear terms protect future use, support lender requirements, and provide a reliable framework for long‑term management of shared access or utility corridors.
How long will it take to resolve an easement or right of way issue?
The timeframe for resolving an easement or right of way issue varies widely depending on the complexity of title, the number of parties involved, and whether the dispute is resolved through negotiation or requires court proceedings. Simple clarifications or negotiated agreements can often be completed in a matter of weeks to a few months once necessary records and surveys are obtained. By contrast, contested litigation can take many months or longer depending on court schedules and the scope of discovery and hearings.Pursuing alternative dispute resolution or early negotiated solutions typically shortens the timeline and lowers costs. Early fact gathering, timely communication, and focused legal strategy help move matters toward resolution more efficiently while preserving the property owner’s interests.