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Meaning of "non-exclusive" use of easements

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mwillsta

Junior Member
What is the name of your state (only U.S. law)? Washington

My neighborhood (a subdivision in Washington state) includes easements running across the edges of homeowner's lots "dedicated for the non-exclusive use and enjoyment of all property owners in (our subdivision/plat)", as a trail, also for utilities. What is the meaning of "non-exclusive" in this context? I take it this means the individual owners are not excluded from using that part of their properties? What does it mean for third parties - can either the property owner or the other owners (the beneficiaries of the easements) prevent others from using a trail in the easement? In general, what does "non-exclusive" mean here?
 


drewguy

Member
By comparison an "exclusive use" easement would mean the easement holder could exclude the property owner. Non-exclusive means they can use it but so can you.

The benefit of an easement generally runs with the land--that means the other property owners with the easement in their deed may use it, but random outsiders have no such rights and would be trespassing if they used the area.
 

154NH773

Senior Member
but random outsiders have no such rights and would be trespassing if they used the area.
By "random", drew, I'm sure, means they have no connection whatever with any easement holder.

A friend or visitor to any easement holder would probably (depending on the wording) have a reasonable right to utilize the easement in connection with a visit or other act connected to a legal easement holder.

By agreement with all easement holders, and also depending on the wording and rights of the easement holders, a sign might be be posted barring unauthorized persons from using the easement. It is probably not "trespassing" unless clear warning is given.

Because you mention the easement is also for a "trail", the rights may extent to outsiders. Many sub-divisions are required to permit community trails to run through them. Read the easement agreement closely, or have it reviewed by a competent lawyer.
 
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