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Sole, exclusive rights???

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coreyholmgreen

Junior Member
What is the name of your state? Hawaii
I recently purchased a home with recorded ingress, egress easement rights. In the wording of the easement the owner granted me "sole" exclusive - rights, with a responsibility of "maintaining" the easement. The easement is 24' and runs the length of his property (about 1.5 acres). What can I do with the easement - can I put a fence running along his side of the easement seperating his property from the easement? Can I line the easement boundary with trees? Can I landscape the easement? Can I run septic lines into the easement? Can I put an electric gate at the entrance? Can I deny him access to the easement (his friends drive down it to short cut to his house)? Can I sell rights to the easement to other neighbors whose property value would increase due to the new "back access" ????? Help - Im easement clueless!!!
 


S

seniorjudge

Guest
coreyholmgreen said:
What is the name of your state? Hawaii
I recently purchased a home with recorded ingress, egress easement rights. In the wording of the easement the owner granted me "sole" exclusive - rights, with a responsibility of "maintaining" the easement. The easement is 24' and runs the length of his property (about 1.5 acres). What can I do with the easement - can I put a fence running along his side of the easement seperating his property from the easement? Can I line the easement boundary with trees? Can I landscape the easement? Can I run septic lines into the easement? Can I put an electric gate at the entrance? Can I deny him access to the easement (his friends drive down it to short cut to his house)? Can I sell rights to the easement to other neighbors whose property value would increase due to the new "back access" ????? Help - Im easement clueless!!!
Post the language of the easement EXACTLY.

But without the language, here are my GUESSES:

Q: What can I do with the easement - can I put a fence running along his side of the easement seperating his property from the easement?

A: No.


Q: Can I line the easement boundary with trees? Can I landscape the easement?

A: On your side.


Q: Can I run septic lines into the easement?

A: No, unless the easement states that it can be used for that purpose.


Q: Can I put an electric gate at the entrance? Can I deny him access to the easement (his friends drive down it to short cut to his house)?

A: No.


Q: Can I sell rights to the easement to other neighbors whose property value would increase due to the new "back access" ?????

A: No.


The "exclusive" part of the easement means probably that he wants only YOU to use the easement. He still has the right to grant others the right to use it.
 

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