Results 1 to 4 of 4
  1. #1

    Default Can a Property Owner Grant Easement Access to Additional Parties

    My question involves an easement in the state of:California

    Does a land owner reserve the right to grant additional non exclusive easement access, or is consent required by all parties?

    I am one of three landowners that have a non exclusive easement for ingress and egress to access my home, zoned for agricultural use in Santa Barbara County, CA. Does the servient land owner reserve the exclusive right to grant an additional easement or does he require the approval of all parties involved in the original easement?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Easements: Additional Parties

    As long as the servient tenant has not granted an exclusive easement to some party he can grant easement rights all day long on any part of his property to as many people he wants. As a dominant tenant the only rights you have are those specifically granted to you and that is not a right to control who uses the easement.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Easements: Additional Parties

    If the grant is not exclusive the owner of the servient estate could potentially grant access to additional parties, but would not be permitted to overburden the easement through those additional grants.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Easements: Additional Parties

    How could the servient tenant overburden his own property? Is it not grantor of the easement whom determines what is allowed regarding the easement?

    As long as the new easement rights to not inhibit the existing easement rights I cannot see how the servient tenAnt could overburden the easement.

    1. Sponsored Links
       

Similar Threads

  1. Easement Use and Enforcement: Can Trees Be Planted in Easement by Owner of Property Use for Access
    By fireman-175 in forum Real Estate Ownership and Title
    Replies: 6
    Last Post: 09-04-2013, 04:34 PM
  2. Other Parties Wanting to Use Access Easement
    By jacksonstudios in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 07-26-2010, 03:34 PM
  3. Do I Have to Grant a Right of Easement if the Other Party Has Their Own Access
    By PeterC in forum Real Estate Ownership and Title
    Replies: 4
    Last Post: 02-08-2010, 08:05 AM
  4. Property Owner Barring Access to Easement
    By mitzihaz in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 07-03-2009, 08:20 AM
  5. Adjoining Property Owner Refuses To Grant Easement
    By magoo63 in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 02-09-2008, 07:39 AM
 
 
Sponsored Links

Legal Help, Information and Resources