Results 1 to 3 of 3
  1. #1
    Join Date
    Jun 2008
    Posts
    2

    Default Deeded Easement Increased Liability

    We own property with a 1/2 mile long Deeded easement. When it was created the intent of the club was to operate as a private club for memebers only. They have sucessfully rezoned, built a 200 guest dance floor, and will be applying for their liqour licence. The municipality does not care about our increased liability issues. The easement is a one vehicle lane , 1/2 a mile long, with trees all along. with the increase in traffic and the drinking and driving which will occur we are very concerned for any furture accidents which will occur on our property . can anyone please give us some suggestions... thank you....

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Deeded Easement Increased Liability

    Have a local real estate lawyer review the granting language and advise you of your rights. Beyond the granting language, which we have not seen, laws are different in each state.

  3. #3
    Join Date
    Jun 2008
    Posts
    2

    Default Re: Deeded Easement Increased Liability

    thanks for the reply.. the granting of the easement reads that it is for vehicular and pedestrian traffic for the club....at the time the easement was granted the club was private..they have now built a dance hall for 200 people and have rented it out to the public.. I have read case law where the dominant tenant cannot increase the burden on the serviant tenant

    1. Sponsored Links
       

Similar Threads

  1. Preventing Increased Use of an Easement
    By don k in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 07-18-2011, 10:36 AM
  2. Deeded Driveway Easement
    By patriot1 in forum Real Estate Ownership and Title
    Replies: 4
    Last Post: 06-06-2011, 06:11 PM
  3. Prescriptive Easement vs Deeded Easement
    By Hatterasman in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 01-06-2011, 12:40 PM
  4. TRO and Deeded Easement
    By artms in forum Orders of Protection
    Replies: 2
    Last Post: 12-18-2010, 08:50 AM
  5. Deeded Easement
    By Larry Slate in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 12-19-2007, 06:37 AM
 
 
Sponsored Links

Legal Help, Information and Resources