Comprehensive Guide to Easements and Rights of Way in Franklin
If you own property in Franklin, Tennessee, understanding easements and rights of way is essential to protecting your land and use rights. Easements can affect access, development potential, and long-term property value. This guide explains common types of easements, how they are created, and the practical steps property owners can take to address disputes or clarify boundaries. Whether you are buying, selling, or managing real estate, having clear information about recorded and implied rights can help you avoid costly surprises and ensure that your property interests are preserved over time.
Easements and rights of way frequently arise during land transfers, utility installations, and long-standing neighbor arrangements. These interests may be granted in writing, created through consistent use, or established by necessity when a parcel is landlocked. Knowing how state law and local Williamson County practice treat these matters helps homeowners and landowners make informed decisions. This section introduces typical legal issues, documents to review, and the options available when an easement interferes with your planned use of the property or when you need to secure access.
Why Addressing Easements and Rights of Way Matters
Resolving easement and right-of-way issues protects property value, limits conflict with neighbors, and ensures lawful access for intended uses. Proper handling of these matters can prevent encroachments, clarify maintenance duties, and secure necessary access for development or sale. When property owners proactively address easement questions, they reduce the risk of litigation, preserve saleability, and avoid delays with lenders or title companies. This service also helps in negotiating reasonable terms, drafting clear agreements, and recording documents correctly to provide long-term certainty for current and future owners.
About Jay Johnson Law Firm and Our Approach to Easements
Jay Johnson Law Firm serves clients in Franklin and throughout Williamson County with focused attention to real estate matters including easements and rights of way. Our attorneys prioritize clear communication, thorough document review, and practical solutions tailored to each property’s history and use. We assist with negotiating shared access, preparing relocation or release agreements, and representing clients in boundary disputes when necessary. The firm works to resolve issues efficiently while protecting clients’ interests in transactions, financing, and long-term land planning so owners can move forward confidently with their property goals.
Understanding Easement and Right of Way Legal Services
Easement representation typically begins with a careful review of deeds, plat maps, title reports, and recorded instruments to determine the scope and origin of any claimed access rights. Legal services include researching chains of title, locating recorded easements, and assessing whether an easement was created by express grant, reservation, prescription, implication, or necessity. Counsel will explain how the easement affects current use, potential development, and responsibilities for maintenance or repair, and how disputes are commonly resolved in Williamson County to help clients understand practical implications.
When a property owner needs action, services can include drafting and negotiating easement agreements, formal release or termination documents, boundary line adjustments, or pursuing declaratory relief in court to clarify rights. In cases involving utilities or municipal access, lawyers work with providers and local authorities to reconcile competing interests and ensure compliance with state law. The goal is to secure enforceable, recorded resolutions that align with the client’s objectives while minimizing exposure to future conflicts or title objections during sale or development.
What Is an Easement or Right of Way?
An easement is a legal interest allowing one party to use another’s land for a specific purpose, while a right of way typically permits passage across property to reach another parcel or public road. Easements can be permanent or temporary, exclusive or nonexclusive, and may be limited by purpose, location, or duration. Understanding the exact language in the granting document and any recorded limitations is essential to determine the rights and obligations of each party. Clear definitions and accurate surveys help prevent misunderstandings that can lead to disputes over use or maintenance obligations.
Key Elements and Process for Resolving Easement Issues
Resolving easement matters usually follows a predictable process: title and document review, surveying and mapping, negotiations or drafting of agreements, and possible recording or litigation if resolution is not reached. Important elements include defining the servient and dominant estates, clarifying scope of use, establishing maintenance responsibilities, and considering relocation or modification when warranted. The process often requires coordination with title companies, surveyors, and local government to ensure that any agreement is enforceable and properly reflected in public records.
Key Terms and Glossary for Easements and Rights of Way
This glossary provides plain-language definitions of core terms that frequently arise in easement matters. Knowing these definitions helps property owners interpret deeds, title reports, and recorded instruments, and it aids in communications with lenders, surveyors, and neighbors. The following entries cover typical categories encountered in Williamson County transactions and disputes so landowners can better assess whether a claimed right affects their property interests or requires legal action to protect access and use rights.
Easement by Grant
An easement by grant is created when a property owner expressly conveys a right to another party in a written document that is recorded in the public records. This type of easement typically includes specific terms about the purpose, location, and duration of the right. Recording the grant helps provide notice to future purchasers and lenders, making the interest enforceable against successors in title. Understanding the precise language of the grant is necessary to determine any limits on use and responsibilities associated with the easement.
Prescriptive Easement
A prescriptive easement may arise when another party uses land openly, continuously, and without permission for a period defined by Tennessee law. This kind of easement is established through long-standing use rather than a written agreement. Key factors include the duration of use, the visibility of the use, and whether the use was exclusive or permissive. Because these claims often depend on factual history and witness testimony, careful investigation and documentation are important when a prescriptive right is asserted or contested.
Easement by Necessity
An easement by necessity can be recognized when a parcel is landlocked and access to a public road is only possible by crossing a neighboring property. Courts may impose such an easement to provide reasonable access for the deprived parcel, typically limited to what is necessary rather than what is most convenient. Determining whether an easement by necessity exists involves reviewing original subdivisions, deeds, and the circumstances at the time the properties were divided, and often requires careful legal analysis and mapping.
Right of Way
A right of way generally refers to the authority to travel across another’s property for ingress and egress or for a specific route such as a driveway or lane. Rights of way can be private agreements between landowners or public easements granted to utilities or government entities. The terms of a right of way often define the permitted methods of travel, allowed uses, and maintenance obligations, and should be recorded to protect the parties and provide notice to future owners or lenders.
Comparing Limited vs Comprehensive Approaches to Easement Matters
Property owners facing easement issues can pursue limited interventions like drafting a clarification or seeking a minor boundary adjustment, or they can opt for a comprehensive approach that addresses title defects, survey corrections, and long-term access planning. A limited approach may be faster and less costly for straightforward matters, while a comprehensive plan can resolve multiple risks at once and prevent future disputes. Choosing the right path depends on transaction timing, development plans, and how the easement impacts overall property objectives.
When a Limited Approach May Be Appropriate:
Simple Clarifications and Minor Adjustments
A limited approach is often appropriate when the issue involves a minor discrepancy in recorded dimensions, a narrow dispute over maintenance responsibility, or a need to record a short-term access agreement. In such cases, targeted documents that clarify the parties’ intentions and are recorded in the county register can resolve the matter without extensive litigation or title work. This path is commonly chosen by sellers or buyers who need a prompt, practical fix that satisfies lenders and title companies for closing.
Transactions with Imminent Deadlines
When a real estate transaction has a tight timeline, a limited solution such as obtaining a recorded clarification, a written agreement, or a narrowly tailored release may enable closing to proceed while preserving the option for further action later. This approach balances the need for timely resolution with ongoing protection of property rights. Careful drafting is essential to ensure that the temporary measure does not inadvertently create future complications or misunderstandings between the parties.
Why a Comprehensive Legal Plan May Be Preferable:
Addressing Recurring or Complex Disputes
A comprehensive legal approach is advised when there are layered title defects, multiple claimants, or ongoing conflicts over access, use, or maintenance. In such circumstances, resolving the root causes through full title review, survey corrections, and enforceable agreements can eliminate repeated disputes, protect development plans, and secure clear marketable title. This approach also anticipates future needs by considering subdivision, easement relocation, and long-term property management responsibilities to provide stability for owners and lenders.
Significant Development or Financing Plans
When property owners intend to develop, refinance, or sell a parcel with disputed access, a comprehensive solution often protects the financial and practical viability of the project. Resolving easement deficiencies, obtaining recorded agreements with neighboring landowners, and ensuring survey accuracy reduce lender objections and support permitting and construction. Thorough resolution provides peace of mind that access and use will not derail plans and that title issues are resolved for the long term rather than patched temporarily.
Benefits of a Comprehensive Approach to Easements
Taking a comprehensive approach reduces the chance of recurring conflicts, supports marketable title, and provides clarity about who is responsible for maintenance and repairs. It can streamline future transactions by ensuring that recorded instruments accurately reflect rights and obligations, and it helps avoid lender or insurer objections. By addressing underlying title or boundary issues now, property owners can save time and expenses later while creating durable solutions that protect land use and investment value across ownership changes.
A thorough plan also creates a clear record for successors, which is especially important when properties change hands or when long-term development is contemplated. Properly documenting and recording agreements, including any negotiated relocation or compensation terms, reduces ambiguity and the potential for disputes. This approach also helps manage relationships with utilities and local government by ensuring any public or private access needs are resolved in a manner that aligns with local regulations and community expectations.
Long-Term Stability and Marketability
One major benefit of a comprehensive approach is improved marketability of the property. Clear, recorded easement agreements and corrected legal descriptions reduce title exceptions and help prevent lenders from delaying financing or buyers from backing out. Long-term stability in access and maintenance terms reassures potential purchasers and can enhance resale value. Documenting decisions about relocation rights, widths of access, and permitted uses creates a predictable framework for future owners, which can speed transactions and reduce closing complications.
Reduced Risk of Future Litigation
Resolving easement questions comprehensively reduces the chance of protracted disputes that consume time and resources. Clear allocations of responsibility and recorded agreements provide concrete terms that courts and title companies can rely on if disagreements arise. When the parties agree to definite maintenance and use provisions, the likelihood of uncertainty-driven litigation diminishes. Comprehensive solutions also make it easier to enforce rights or defend against improper claims, because the public record will reflect the definitive terms agreed by the relevant parties.
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Practical Tips for Easement and Right of Way Issues
Gather documentation early
Collecting deeds, plats, surveys, title reports, and any recorded easement documents at the outset helps clarify the situation and speeds resolution. Early access to documentation allows a thorough review of the chain of title and any recorded rights, which can identify whether an easement was expressly granted, reserved, or implied. Having historical records, photographs of long-term use, and communications with neighboring owners can also be valuable when negotiating agreements or defending against claims. Prompt document gathering reduces uncertainty and supports informed decision making.
Use a current survey
Seek enforceable, recorded solutions
When negotiating access or maintenance arrangements, prioritize agreements that can be recorded in the public records to protect future owners and lenders. A recorded instrument provides notice and reduces the likelihood of later disputes. Drafting clear language about permitted uses, maintenance responsibilities, and any compensation or relocation rights helps ensure the parties’ intentions are preserved. Recording also allows title companies to reflect the agreement properly for future transactions and supports the enforceability of the arrangement over time.
Common Reasons to Seek Help with Easements and Rights of Way
Homeowners and developers seek legal help when easements create uncertainty about access, when utility companies assert rights that interfere with property use, or when boundary changes affect ingress and egress. Other common triggers include disputes over maintenance, newly discovered recorded easements during title review, or adverse use claims by neighbors. Early legal assessment helps determine whether negotiation, re-documentation, or court action is appropriate to secure reliable access and clear title for sale, refinancing, or development projects.
Property purchasers may need assistance when title reports reveal ambiguous easements or exceptions, while sellers may require resolution of access issues to obtain buyer confidence and lender approval. Landowners with long-standing informal arrangements often benefit from converting those understandings into formal, recorded agreements. Additionally, situations involving multiple owners, condominiums, or subdivisions frequently require careful drafting to align rights and responsibilities among stakeholders and to ensure that any public or private access needs conform with local regulations and community standards.
Situations That Commonly Require Easement Assistance
Typical circumstances include newly discovered easements in a title search, neighbor disagreements over driveway use, utility installations crossing private land, landlocked parcels seeking access, and disagreements about maintenance duties for shared lanes. Each scenario raises distinct legal questions about the scope of rights and the available remedies. A prompt legal review helps establish the best response—whether negotiating a recorded agreement, seeking clarification from a court, or negotiating a relocation or compensation for affected parties to ensure property use remains viable.
Disputed Driveway or Lane Use
Disputes over shared driveways and lanes often involve questions of whether the use was permissive, whether there is a recorded agreement, and who pays for upkeep. Resolving these disagreements may require reviewing recorded documents, analyzing historical use, and negotiating clear terms for use and maintenance. When necessary, counsel can draft a recorded agreement that sets expectations for all parties, or pursue declaratory relief to define rights and obligations, helping to prevent escalation and maintain neighborly relations while protecting property interests.
Utility or Municipal Access Claims
Utility easements and municipal rights of way often appear in old plats or deeds and may allow public or private entities to access property for service lines, drainage, or road use. Addressing these claims involves confirming the extent of recorded rights, ensuring any installations comply with local ordinances, and negotiating compensation or relocation where appropriate. Clear documentation and communication with utility providers and local officials can protect property owners’ rights while accommodating necessary public services.
Landlocked Property Access
When a parcel lacks direct access to a public road, an easement by necessity or court-established access may be required to reach the property. Determining entitlement involves examining historical conveyances and the original subdivision to confirm whether access was intended or presumed. Legal resolution can include negotiating an access agreement, seeking an easement by necessity, or pursuing alternative arrangements that provide practical ingress and egress while respecting neighboring owners’ rights.
Franklin Easements and Rights of Way Representation
Jay Johnson Law Firm helps Franklin property owners address easement and right of way concerns with careful legal analysis and practical solutions. We work with title companies, surveyors, and municipalities to clarify rights and achieve recorded agreements that protect access and value. Our approach emphasizes open communication and documenting outcomes that withstand future scrutiny. Whether you face a neighbor dispute, a title exception, or the need to secure access for a landlocked parcel, we provide tailored guidance to resolve matters efficiently and protect your property interests.
Why Choose Our Firm for Easements and Access Issues
Clients choose Jay Johnson Law Firm for focused attention to detail, local knowledge of Williamson County recording practices, and a commitment to practical legal solutions. We prioritize clear written agreements, timely resolution, and coordination with surveyors and title professionals to ensure outcomes meet lenders’ and buyers’ expectations. The firm’s process-driven approach helps clients navigate complex documentation and achieve enforceable solutions that support sale, financing, or development objectives while managing costs and timelines.
When disputes arise, our attorneys advocate firmly but pragmatically to reach reasonable results that protect your property and minimize disruption. We evaluate both negotiation and litigation options and recommend paths that balance immediate needs with long-term protection. By documenting agreements properly and recording instruments with the county, we aim to create durable resolutions that stand up to scrutiny from future purchasers, title companies, and local officials.
Our representation includes careful review of recorded documents, coordination with surveyors to produce clear legal descriptions, and preparation of the instruments necessary to implement agreed solutions. We also advise on alternatives such as relocations or easement modifications when those choices better serve your goals. Throughout the process, we emphasize transparency about options, anticipated timelines, and potential risks so clients can make informed decisions about their property interests.
Contact Us to Discuss Your Easement or Access Issue
How We Handle Easement and Right of Way Matters
Our process begins with an initial consultation to review available documents and understand your objectives. We then perform a targeted title search and coordinate a survey if needed to map the disputed areas. After assessing legal options, we propose a strategy that may include negotiation, drafting recorded agreements, or pursuing declaratory relief. We keep clients informed at each step, coordinate with necessary third parties, and aim to resolve matters in a way that supports your property goals while minimizing costs and delays.
Step 1: Document Review and Investigation
The first step is a comprehensive review of deeds, recorded easements, plats, and title reports to determine the nature and origin of any claimed rights. We also gather evidence of historical use and any correspondence with neighbors or utilities that may be relevant. This investigation clarifies whether an easement was created by express grant, implication, prescription, or necessity and informs the most effective path forward, whether negotiation or litigation is anticipated.
Title and Deed Analysis
Examining the chain of title and recorded documents is essential to identify recorded exceptions, grants, or reservations that affect access. We look for specific language that limits or expands use, check for recording errors, and assess whether prior conveyances created unintended burdens. This work helps determine legal remedies and supports drafting precise agreements or correction instruments needed to clarify rights for future transactions.
Survey Coordination and Site Assessment
Coordinating a current survey provides objective, mapped evidence of boundaries and improvements relative to recorded descriptions. Surveys reveal encroachments, the physical location of claimed easements, and potential routes for relocation or improvement. On-site assessment also helps evaluate practical solutions for access or maintenance and provides a factual foundation for negotiations or court filings when disputes cannot be resolved informally.
Step 2: Negotiation and Agreement Drafting
Once facts and legal positions are established, we engage with affected parties to negotiate recorded agreements that address use, maintenance, and any compensation or relocation terms. Drafting clear, enforceable instruments is crucial to preventing future disputes. Where appropriate, we propose practical compromises that reflect the parties’ needs while protecting our client’s long-term interests, and we ensure the final documents are recorded so they are visible to future owners and lenders.
Negotiating Terms and Resolution
In negotiations we focus on language that defines permitted uses, hours of access if relevant, maintenance responsibilities, and any limitations on improvements. We seek durable solutions that align with local regulations and the parties’ long-term plans. Clear, specific terms reduce ambiguity and help avoid subsequent disagreement. When negotiation succeeds, the agreement is prepared for execution and recording, providing certainty for all parties.
Preparing and Recording Documents
Drafting accurate legal descriptions and recording instruments with the county register of deeds is a critical final step. Proper recording gives notice to subsequent purchasers and lenders, making the agreement enforceable against future owners. We coordinate with title companies to ensure that the instrument resolves the title exception and that all necessary acknowledgments and exhibits, such as plats or surveys, are included to prevent future questions about scope or location.
Step 3: Litigation or Declaratory Relief When Necessary
If negotiation fails, litigation may be necessary to obtain a court declaration of rights, an injunction, or a remedy such as an easement termination or confirmation. Litigation involves presenting documentary and testimonial evidence to support your position about the origin and scope of the claimed right. The firm evaluates the likelihood of success and the practical implications of court action before proceeding, and we pursue litigation strategically to obtain binding resolutions that protect access and property value.
Filing Suit to Clarify Rights
A declaratory judgment action or a suit to quiet title can resolve competing claims by having a court define the respective rights of parties. These proceedings establish legal clarity that is binding and can be recorded to prevent future disputes. Preparing a strong case requires assembling title evidence, survey data, and proof of historical use where relevant, and presenting a clear legal theory based on Tennessee law and local precedent to support the requested relief.
Enforcement and Post-Judgment Recording
After a favorable ruling, the resulting declaration or decree should be recorded to provide public notice and facilitate enforcement against future owners. Court decisions can also provide courts with authority to order removal of encroachments, award injunctive relief, or require compensation where appropriate. We guide clients through post-judgment procedures and recording to ensure the court’s resolution is properly reflected in the chain of title and is effective in practice.
Frequently Asked Questions About Easements and Rights of Way
What is the difference between an easement and a right of way?
An easement is a legal interest that permits one party to use another’s land for a specific purpose, such as a utility corridor or shared driveway, while a right of way commonly refers to the right to pass over land to reach another parcel or public road. Both terms relate to access and use but may be described differently in recorded documents. The exact scope of either depends on the language in deeds or recorded instruments and how those terms have been interpreted under Tennessee law.To determine the practical effect, review the recorded document creating the interest and consider accompanying plats or exhibits that define location and permitted uses. Courts and title companies evaluate the express language and any historical use to determine whether additional limitations or responsibilities apply, such as maintenance obligations or restrictions on improvements within the easement area.
How can I tell if an easement is recorded on my property?
Recorded easements typically appear in the chain of title, title commitments, or public records maintained by the Williamson County register of deeds. A title search will reveal recorded grants, reservations, and recorded plats that show easements or rights of way. If you are reviewing a title report or preliminary title commitment, check the exceptions and referenced instruments which should identify any recorded rights that affect the property.Because some easements originated long ago or were recorded under different parcel descriptions, it is useful to coordinate with a title company and obtain a current survey to confirm the physical location of a recorded interest. Combining document review with a survey helps ensure that recorded rights correspond to what is present on the ground and clarifies whether an apparent use is supported by recorded authority.
Can an easement be removed or terminated?
Easements can sometimes be removed or terminated through mutual agreement of the parties, by operation of law, or by court order depending on the circumstances. A recorded release or quitclaim from the holder of the easement is a common method to terminate an express easement. In some situations, abandonment or nonuse over a long period, if shown clearly under applicable law, may lead to termination, but proving abandonment requires strong evidence of intent to abandon and lack of use.When an amicable resolution is not possible, a court may terminate or modify an easement if the original purpose no longer exists or if relocation is reasonable and compensable. Because termination can have significant implications for title and access, formal documentation and recording of any release or court order are important to provide notice and prevent future disputes.
What should I do if a neighbor is using my property without permission?
If a neighbor is using your property without permission, begin by documenting the nature and duration of the use with photographs and written notes, and determine whether there is any recorded instrument that could support their claim. A title and survey review can reveal whether a recorded easement exists. If no recorded right is found, discuss the matter with the neighbor to attempt a negotiated resolution, such as a revocable license or a formal recorded agreement defining permitted use and terms.If informal resolution fails, legal options include sending a formal demand to cease the use, seeking an injunction to stop trespass, or filing a quiet title action to remove an asserted claim. The appropriate approach depends on the facts, the history of use, and whether quick action is needed to prevent ongoing harm to the property owner’s rights.
Do utility easements allow access for any type of equipment or work?
Utility easements often grant utilities the authority to install, maintain, and access infrastructure like power lines, water mains, or sewer lines. The specific scope depends on the recorded easement language and any applicable regulatory approvals. Some utility easements are broad and allow a range of equipment and work within a defined corridor, while others are limited by purpose, size, or method of access, so it is important to review the recorded instrument to determine permissible actions.Coordination with the utility company and review of local permitting requirements can clarify expectations and help negotiate reasonable terms when proposed work may affect landscaping or structures. Where utility work is proposed that exceeds the easement scope, owners may be entitled to compensation or may negotiate modifications to protect property interests while accommodating necessary services.
How does an easement affect the sale or financing of property?
Easements can affect sale or financing by appearing as exceptions on a title commitment and prompting lender or buyer concerns about access, improvements, or future restrictions. Lenders typically want clear, marketable title, so unresolved or ambiguous easements may delay closings or require indemnity. Properly recorded easement agreements that clearly delineate rights and responsibilities are generally acceptable, but vague or disputed interests may require resolution before financing proceeds.Addressing easement matters early in a transaction by securing clarifying documentation, recorded releases, or negotiated agreements can prevent last-minute issues. Title companies and lenders can advise on what documentation is sufficient, and legal counsel can help prepare or negotiate the required instruments to satisfy closing requirements and protect both seller and buyer interests.
What is an easement by prescription and how is it proved?
A prescriptive easement arises from continuous, open, and adverse use of land without the owner’s permission for a statutory period under Tennessee law. Establishing such a claim requires showing that the use was visible and uninterrupted for the required time, that it was exclusive in the sense of not being permissive, and that the owner had notice of the use. Because these elements are fact-intensive, proving a prescriptive claim often involves witness testimony, historical photographs, and other documentary evidence of uninterrupted use.Defending against a prescriptive claim focuses on showing permissive use, interruptions, lack of requisite duration, or that the owner took actions to assert control over the land. Timely investigation and documentation are key when a prescriptive claim is threatened, and early legal counsel can help assemble the evidence needed to support or contest the alleged right.
When is a survey necessary to resolve an easement dispute?
A survey is often necessary when the location of an easement is unclear, when there are suspected encroachments, or when a recorded description does not match the physical layout. A current survey establishes precise boundary lines and shows the position of improvements relative to recorded easement descriptions. This information is frequently required to negotiate relocations, prepare recorded exhibits, or present evidence in court when disputes cannot be resolved by negotiation alone.Engaging a licensed surveyor early prevents misunderstandings and helps determine whether recorded rights correspond to actual use on the ground. Survey results, combined with title and deed review, provide the factual foundation for legal advice and the drafting of enforceable, recorded agreements that accurately reflect the parties’ intentions and the physical reality of the property.
Can I negotiate to relocate an existing easement?
Relocating an existing easement is often possible through negotiation when both the easement holder and the servient owner agree to new terms. Successful relocation typically involves coordination with surveyors to identify an acceptable alternative route, drafting a new recorded instrument that sets the new location and terms, and considering compensation if the change imposes additional burdens. Ensuring that the relocation is recorded prevents confusion for future owners and lenders and keeps the chain of title clear.When the easement holder refuses to negotiate, legal remedies may be available in limited circumstances, such as seeking a court order to modify an easement for practical reasons or to address changes in property configuration. However, courts often require a showing that relocation is reasonable and does not frustrate the easement’s purpose, so negotiation and careful drafting generally provide the most reliable path to a successful relocation.
How long does it take to resolve an easement dispute?
The time to resolve an easement dispute varies widely depending on complexity, cooperation of the parties, and whether litigation is required. Simple clarifications or recorded releases can often be completed in a matter of weeks once documentation and surveys are in order, while negotiated agreements involving compensation or relocation may take several months. When litigation becomes necessary, the process can extend for many months or longer depending on court schedules and the complexity of factual issues.Early investigation, timely surveys, and proactive negotiation typically shorten resolution times and reduce costs. Engaging counsel early allows for better planning and often leads to more efficient outcomes by addressing potential obstacles before they escalate into formal court proceedings.