Adding properties to existing easement?

[Yuri77]

What is the name of your state (only U.S. law)? MD


I own a parcel of land with an ingress/egress easement for a neighbor to access her property. My neighbor would like to subdivide her property and build new homes. It is a non-exclusive easement for this property owner “and the land she currently owns”. What exactly is the definition of “land she currently owns”? If she subdivides, can these potential new property owners use the easement, or would they need to get my permission?

 

[drewguy]

It would potentially be an impermissible expansion of the easement if you don't agree. That is, you could argue that the new traffic overburdens the easement, which was intended for a single family home, not an entire development. You could of course accept additional money for a broader easement.

 

[FarmerJ]

do you share the actual driveway curb cut to the public road ? If you actually have enough land that you would be able to sell a strip of land to her with out seriously impacting your lands value you might want to talk to a real estate atty after you speak to the city/county to see if she owned a strip of land down the side of yours if she could put in her own curb cut to the public road and they say yes and tell you how wide it must be and you can live with selling her a strip then speak to a atty to learn what the legal related cost would be to sell a strip to her you could offer to sell a strip to her if she bore all the legal fees related to it , then this way your atty could see to it current easement is extinguished , then what ever traffic and maint problems there are from increased traffic become hers . going this route is not a do it your self deal your interest would be best met by speaking to a atty.