Can dominant owner pave non-exclusive easement?

Answer 1

With few eceptions an easement works in this way.

Under US law, property cannot be blocked from access by the property of another. Say property owner 1, let's call him Bob owns a 39 acre parcel on a 40 acre block. At the center of the block, property owner 2, Tom, owns an acre. Bob must allow easement (passage or access) to Tom. Bob still owns the land on which Tom accesses that center acre, but Tom has free access to and from his property.

As the owner, Bob may improve or not the easement as he sees fit. He may even be required to improve it and maintain it.

Another Perspective

The owners of the dominant estate should review the document that created the easement to determine if there are any provisions that create additional rights, restrictions, obligations or responsibilities in the parties. Some grants are very simple and some are very detailed- creating obligations and responsibilities for one or both parties.

The dominant estate is the land that is benefittedby the easement. The servient estate is the land burdened by the easement. It is important to review the document that created the easement to determine if the dominant estate has any right to pave the right of way since they do not own it. The owner of the right to use the right of way cannot take more rights than were originally granted. The ROW can only be used in the specified manner. However, a new ROW agreement could be drafted by the parties (and recorded in the land records) that gives the benefitted land the right to pave and maintain the ROW, if the parties can agree on those terms.

See related link.