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Q: Can a grantee change a perpetual easement?
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Can a person holding a nonexclusive easement assign or sell the easement to another entity?

That depends on the details none of which have been included here. It depends on how the easement was worded. The easement may expire when the original grantee no longer owns the benefitted land. If it was granted to the grantee and their assigns, the easement rights will pass with the land if he sells the land to a new owner. Generally, the grantee of an easement right cannot sell or assign the rights to a third party, for example, a neighboring landowner. The deeds need to be examined for a definitive answer.That depends on the details none of which have been included here. It depends on how the easement was worded. The easement may expire when the original grantee no longer owns the benefitted land. If it was granted to the grantee and their assigns, the easement rights will pass with the land if he sells the land to a new owner. Generally, the grantee of an easement right cannot sell or assign the rights to a third party, for example, a neighboring landowner. The deeds need to be examined for a definitive answer.That depends on the details none of which have been included here. It depends on how the easement was worded. The easement may expire when the original grantee no longer owns the benefitted land. If it was granted to the grantee and their assigns, the easement rights will pass with the land if he sells the land to a new owner. Generally, the grantee of an easement right cannot sell or assign the rights to a third party, for example, a neighboring landowner. The deeds need to be examined for a definitive answer.That depends on the details none of which have been included here. It depends on how the easement was worded. The easement may expire when the original grantee no longer owns the benefitted land. If it was granted to the grantee and their assigns, the easement rights will pass with the land if he sells the land to a new owner. Generally, the grantee of an easement right cannot sell or assign the rights to a third party, for example, a neighboring landowner. The deeds need to be examined for a definitive answer.


How does an easement and a perpetual easement differ?

They are both used to describe the same thing. An easement is perpetual unless it says otherwise in the original grant.They are both used to describe the same thing. An easement is perpetual unless it says otherwise in the original grant.They are both used to describe the same thing. An easement is perpetual unless it says otherwise in the original grant.They are both used to describe the same thing. An easement is perpetual unless it says otherwise in the original grant.


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.


Can a perpetual easement be removed?

Yes, under certain circumstances. An easement can be released by the party that owns the easement rights. An owner of property encumbered by an easement can petition the court to remove the easement and may prevail if there is sufficient evidence that the easement is no longer needed or in use.


Who pays taxes on a perpetual easement?

You have to pay the taxes on the easement if you are receiving money for granting it. Make sure the deal you are receiving is worth the taxes you are paying.


Can a land owner install a wooden deck that crosses a perpetual easement?

You need to review the language in the document that created or granted the easement. It is likely that structures are prohibited within the easement area. If that's the case, the easement owner can demand the removal of the structure.You need to review the language in the document that created or granted the easement. It is likely that structures are prohibited within the easement area. If that's the case, the easement owner can demand the removal of the structure.You need to review the language in the document that created or granted the easement. It is likely that structures are prohibited within the easement area. If that's the case, the easement owner can demand the removal of the structure.You need to review the language in the document that created or granted the easement. It is likely that structures are prohibited within the easement area. If that's the case, the easement owner can demand the removal of the structure.


If you have permission to hunt can you use a perpetual easement to get to property?

First, a landowner's verbal permission to hunt their property can be withdrawn at any time, for any reason. You should get it in writing. Also, you should inquire about legal access to the property when you discuss permission with the landowner. If the owner has legal access via an easement and permits you to use their land then you can also use their easement for access. If the easement you refer to is owned by someone else then you need their permission to use it.


Does an express grant of a right-of-way easement give a municipality grantee the right to install public utilities under the road?

A grant of a statutory easement to a municipality may well include the right to put in a road with utilities, unless it specifically says otherwise, but your attorney should be able to school you on the local implications.


If you are the owner of the easement who has right to use it?

It depends on the language of the easement itself, most importantly what the easement if for. An easement is a right granted by the land owner (fee owner) to go over, across, and/or under the land for a specific purpose. (e.g., utility lines, access roads) In the case of utility lines, only the party granted the easement (grantee) has the right to use it. In the case of an access road (e.g, a driveway across adjoining land), the easement can typically be used by the owner of the land served by the roadway as well as those who have business or are visiting that land. The underlying fee land owner is typically free to continue using the land in any manner that doesn't impinge on the rights granted by the easement.


Can someone with an easement deed that easement to someone else?

Generally, an easement "runs with the land" unless the original grant specifies it will end when the grantee no longer owns the property.If A granted a right of way easement over their land to B then the ROW will become an appurtenant right attached to B's land. When B sells to a new owner, the new owner also will acquire the ROW. However, B cannot sell or transfer the ROW to any other land owner, for example, her neighbor, C.


What if neighbor uses another access than assign easement?

They have no right to change the location of the access easement without written permission from the property owner.


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.