Its always been my understanding that when you grant a non-exclusive easement to someone, that the grantor can grant the same easement to another party, as long as the easement rights of the first party are not infringed upon.
Example: I grant my neighbor a non-exclusive access easement over my driveway to get to his property. Another neighbor also wants to use my driveway to get to another property. I grant him a non-exclusive access easement in the same place as the first easement.
I've been told this is not allowed. That I need permission from the first person I granted the easement to, in order to grant the easement again to another person. This doesn't make sense to me because I'm in no way infringing upon the rights of the first person I granted the easement to, rather I'm granting additional persons the same rights.
What is your understanding regarding this issue of multiple easements granted at different times, to different parties, over the same portion of land? Do I need permission from the first person I granted the easement to, in order to grant the same easement to a third party?
Access Easement
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goodgps
- Posts: 644
- Joined: Fri Jan 04, 2008 7:32 pm
- Location: Modesto, Ca
If it is a non-exclusive easement, AND it is NOT encumbering the grantees land in any way, then you certainly grant use to other parties.
However, if you have entered into a maintenance agreement with the first grantee, that agreement may need to be modified to spread costs. Also, that agreement may have exclusive language within the document.
However, if you have entered into a maintenance agreement with the first grantee, that agreement may need to be modified to spread costs. Also, that agreement may have exclusive language within the document.
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btaylor
- Posts: 501
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- Location: Foster City, CA
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Michael J Foley
- Posts: 20
- Joined: Sat Oct 19, 2002 10:16 am
- Location: San Ramon, CA
"I've been told this is not allowed. "
Who told you this is not allowed? Ask them to provide the source of the assertion. We may all learn something or the person that told you this may learn that they don’t know what they are talking about.
Other comments about the inclusion of “exclusive” rights etc. are to be found in the document itself and will control.
Who told you this is not allowed? Ask them to provide the source of the assertion. We may all learn something or the person that told you this may learn that they don’t know what they are talking about.
Other comments about the inclusion of “exclusive” rights etc. are to be found in the document itself and will control.
Michael J. Foley, PLS 5777