• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Easements

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

W

WTT

Guest
What is the name of your state? Texas

In an easement to access land otherwise not accessible, does the dominant owner have the right to improve the easement in order that one could reasonable expect to drive over the easement in a car if the servient owner objects?
 


K

krispenstpeter

Guest
An easement does not convey 'ownership' therefore, your dominant/subservient ownership theory is void.

The OWNER of the land for which easement is granted remains the owner and can do with the land what he/she wishes. Including improving or not improving such.

The holder of the easement has ONLY the right to use.

Responsibility for maintaining the easement MAY however be stipulated on your deed.
 
H

HomeGuru

Senior Member
krispenstpeter said:
An easement does not convey 'ownership' therefore, your dominant/subservient ownership theory is void.

The OWNER of the land for which easement is granted remains the owner and can do with the land what he/she wishes. Including improving or not improving such.

The holder of the easement has ONLY the right to use.

Responsibility for maintaining the easement MAY however be stipulated on your deed.
Click to expand...
**A: the answer actually would depend on the terms and conditions of the recorded easement agreement.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top