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  1. #1
    Join Date
    Jan 2010
    Posts
    1

    Default Limited Bridge Capacity

    Hello All

    I live in California and puchased a piece of property that lies on a private road which has a bridge on it. I have an easement on the road and bridge which belong to my neighbor. He has a business on his parcel which operates under a temporary use permit. In order to get this permit he had to subdivide two residential parcels and grant an easement. One of the lots is now developed with a residence. When the business and home were built the owner of the business granted access over the front of his property for the heavier loads (i.e. cement trucks).

    My dilemma is this: The bridge is only rated to about 35,000 lbs. The heaviest loads may be in the neighborhood of 60,000-80,000 lbs. If he were to deny me to cross his property (because we are such good friends...) would I have any "right" to an implied easement because it had been used in the past for development of 2 out of 3 parcels? Assuming he denied access would he then have to retrofit the bridge to accomodate development on the parcels "he" subdivided for residential dwellings?

    Any help is greatly appreciated. Thanks

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

    Default Re: Limited Bridge Capacity

    I'm kind of lost with what you seek.

    are you asking if you have a right to demand use of the non-bridge path for the temporary ingress of trucks delivering building materials to your lot?

    If so, the answer is no and no he would not have to strengthen the bridge. You would have to alter your methods of delivery to fit within what is available to you.

  3. #3
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Limited Bridge Capacity

    My guess is that once he grants you an easement, he should not be able to grant the same easement to another without your permission-that you be overburdening the easement. Likewise, if the bridge collapses, he would have to provide another bridge for you at his cost unless you waive it.

    It all depends on the language of the easement and state law.

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

    Default Re: Limited Bridge Capacity

    I do not believe that is the situation at hand but if it were, unless the easement was an "exclusive" easement or otherwise restricted to just the one grantee, the grantor could grant it to whomever he pleases.

    but I think you are misunderstanding the situation. The grantor had used an alternative access for his heavy vehicles

    When the business and home were built the owner of the business granted access over the front of his property for the heavier loads (i.e. cement trucks)
    .

    but OP goes on to opine whether the grantor must allow him to also use this alternate access:

    . If he were to deny me to cross his property (because we are such good friends...) would I have any "right" to an implied easement because it had been used in the past for development of 2 out of 3 parcels?
    and the answer, if my understanding is correct, is simply: No

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