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If there is no specification of the width in the grant (or the claim), then it would be bounded by the ordinary use for which such an easement is made (e.g., walking, driving a team of horses, driving heavy equipment, burying a single underground cable, etc). An easement can be for many purposes, from merely walking or driving across the property as a convenience, to daily vehicle access, to making a 10-foot trench, laying pipe and covering with a hard-topped road once every fifty years.
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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.
Does access to an easement have to be provided if so isn't that another easement?
Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.
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.
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.
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.
Parking on an ingress and egress?
Generally, parking on an access easement is not allowed unless that right was specifically granted in the document that created the easement. You need to review that document to determine what rights were granted regarding the access easement.
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.
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.
How wide is an easement?
There is no set width for an easement. An easement is defined by an agreement between the two property owners. Some easements have standard sizes such as roads or utility easements.
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.
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.
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.
