Can the owner who granted a nonexclusive easement use the easement himself?

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 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 holder of right of way for ingress and egress give another land owner with landlocked property permission to use the same row?

Not unless the first easement owner was granted the right to assign it to other landowners in the original grant of easement. If not, the other land owner must obtain a separate easement from the owner of the land over which the easement passes.

Does the owner of an ingress egress easement to waterfront have a legal right to build a pier on the servant owners property in NC?

In North Carolina, the owner of an ingress-egress easement does not typically have the legal right to build a pier on the servient owner's waterfront property without their permission. Easement rights generally do not extend to the construction of structures like piers unless specifically granted in the easement agreement. Any construction on the servient owner's property would likely require their consent or a separate agreement.

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.

Is it true that the easements may be granted to allow limited use of another's land without exclusive possession?

Yes, a non-exclusive easement can be granted by the owner of the land.

On a legally established 50 foot wide easement can anything be placed inside that 50 foot width which would restrict usage of the entire easement?

Generally, the easement will be considered to be the dominant estate--simply put, the holder of the easement interest can prevent usage of the surface in any manner inconsistent with the puroses for which the easement was granted. That is a question of fact. As frustrating as it may be for the servient owner (the holder of the fee interest), that right is granted to the easement holder upon acquisition.

If a property owner granted a utility company an easement after decades of licensed use does recording of the easement eliminate any prescriptive claims?

There would be no prescriptive claims in any case: licensed use is not hostile and a recorded easement presumes fair consideration.

Can an easement be removed if the person who owns it doesn't know it exists and it wasn't needed in the first place?

NO. You must obtain a written release from the owner of the easement, or in other words, the owner of the land benefitted by the easement and then record the release in the land records.NO. You must obtain a written release from the owner of the easement, or in other words, the owner of the land benefitted by the easement and then record the release in the land records.NO. You must obtain a written release from the owner of the easement, or in other words, the owner of the land benefitted by the easement and then record the release in the land records.NO. You must obtain a written release from the owner of the easement, or in other words, the owner of the land benefitted by the easement and then record the release in the land records.

What does full enjoyment of the easement mean?

Full enjoyment of the easement means that the owner of the easement is able to exercise all the benefits of the easement that are described in the document that created the easement. For instance, if an owner of an easement has the right of access to his property over a 12 foot ROW then the owner of the land encumbered by the ROW cannot park cars within the bounds of the ROW so as to impede its use by the owner of the easement.

How is a servient estate effected when a dominate estate is divided?

In the case of an easement the servient estate is the land burdened by an easement. The dominant estate is the land that has the benefit of the easement. If owner A has a right of way over the land of owner B and A desires to subdivide her property, A must examine the language of the original grant of ROW to determine if it was granted to A AND her heirs and assigns.

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.