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No. Only the persons who were granted the right to use it, and their invitees, have the right to use it.
For example:
- Suppose a property owner owns waterfront land on a small lake and subdivides the parcel into ten lots that encompass a privately owned beach. As the lots are sold each deed grants the right to use the private beach to the grantee, their heirs and assigns. The owners of each lot have a non-exclusive easement right to use the beach. The lot owners who live up the road in another subdivision do not have any right to use that beach.
- Suppose the owner of that tract decided to build a large home on the tract instead of subdividing. She decided to sell off one lot to fund her construction. The purchase price was expensive but the grantee also acquired the exclusive right to use the entire beach that runs the length of the original parcel. The owner of the remaining tract cannot convey those beach rights to any other party although other lots could be carved out of the tract.
Wiki User
∙ 13y ago
Wiki User
∙ 15y agoGenerally, an easement must be released in writing by the owner of the property it benefits unless the person who granted it reserved the right to terminate the easement.
Wiki User
∙ 14y agoThe owner of the land and the owner(s) of the easement right must execute a new agreement in writing. An attorney should review the situation and draft the new agreement.
Wiki User
∙ 12y agoIt usually depends on the wording of the contract ... but normally, the answer is YES
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Can a business use a nonexclusive easement to get to their property?
The business can use the easement if it was granted the use of that easement in their deed.The business can use the easement if it was granted the use of that easement in their deed.The business can use the easement if it was granted the use of that easement in their deed.The business can use the easement if it was granted the use of that easement in their deed.
What is a nonexclusive?
If you have a non-exclusive easement appurtenant to your property it means that you can't stop others from using it. If you're considering the purchase of property with a non-exclusive driveway easement you should determine who is responsible for repairs, upkeep and maintenance costs, and who else has the right to use it.
What is a nonexclusive easement.?
If you have a non-exclusive easement appurtenant to your property it means that you can't stop others from using it. If you're considering the purchase of property with a non-exclusive driveway easement you should determine who is responsible for repairs, upkeep and maintenance costs, and who else has the right to use it.
What is a private nonexclusive easement?
An "easement" is a legal right to use the property owned by another person (i.e. the person who granted the easement). An easement is usually created by a recorded document, whether a deed or an easement agreement. The purpose of the easement (for example, a driveway or a walking path) is whatever permitted use is stated in the easement document. The fact that the easement is "perpetual" means that the easement has no term and will continue indefinitely. An easement that is "non-exclusive" simply is an easement that someone else may also use. This might mean the person who granted the easement or whoever else may be identified in the easement document. The easement document should state who else may use the easement. A perpetual easement usually "runs with the land", meaning that the easement continues in effect regardless of whether the property benefited by the easement is sold or if the property burdened by the easement is sold.
What is exclusive easement?
A non- exclusive easement refers to the right to use the land, but the easement is not granted to only you. Other parties may have the right to use the easement also.
What does it mean to give someone nonexclusive rights?
Non-exclusive means that other persons may have or be may be given that same right or easement.
What rights do you have to a part of your property which is a temporary turn around easement?
If you purchased property that is subject to a temporary turn-around easement there should be a time limit also included in that reservation. Until the time has passed and the easement is extinguished you must allow anyone with a right to use the easement unimpeded access. You can't block access or use the land for any other purpose until the easement has expired.
What is the definition of reciprocal easement agreement?
reciprocal easements - easements typically found in multioccupant commercial or residential planned developments in which common areas are set aside for the use and benefit of all the occupants. Such easements provide for the mutual and nonexclusive use of parking, sidewalks, elevators, escalators, recreational amenities, and the like.
Can you use your own land inside not blocking an easement?
Yes. As long as you do not impede the easement rights of the owner of the easement.
If a utility easement is granted to the power company can other utilities use that same easement without the power company's permission?
No. Also, other utilities can't use the easement unless that right was granted in the original instrument that granted the easement.
May children play on an easement without violating the terms of the easement?
It really depends on the nature of the easement. And the nature of the easement depends on the terms of the easement. Appart from state law which generally defines an easement, the terms of the individual easement usually limit the usage of the easement property...or rather subject the holder of the rest of the property and what is left after the use of the easement to what can and cannot be done on/with/to the land/sky/land beneath the easement. (It is convenient to see an easement as an area with clear boundries, most of the time; however, easements are really rights to use the area a certain way in opposition to the holder of all the other rights to do with it as he pleases.) You really have to know the terms of the easement.
Is there a usufruct over easement?
Usufruct is the legal right to use property that belongs to another person or entity. In many legal usufruct systems of property individuals or groups may only acquire the usufruct of the property, not legal land ownership.You need to review the language in the instrument that created the easement to determine if the affected land can be used for other purposes. If you are the person to whom the easement was granted your use of the land encumbered by the easement is generally restricted to the use defined in the easement. If you granted the easement to another party the easement agreement may prohibit certain uses of the land encumbered by the easement.
