Sole exlcusive easement rights??

[coreyholmgreen]

I live in hawaii.
I recently bought a home that has an easement (ingress and egress) through the back... I have a 4 bdrm in the front portion of the property that is accessed by a road... the people that live across the street from the front house however are horrible!! - Dif. story!! Anway I have been letting my tenants that live in the front house use the easement (in the back of the lot) to access the property through that back so they dont have to feel threatened by the neighbors etc... Also - we live in the back part of the property in a small cottage... Just recently the guy I bought the property from, who also owns the property I have the easement through has told me that the easement says Only I can drive my car back there - and that my car should be the only one to enter his property... this however is not how I interpret the easement... In the easement it states that I have sole and exclusive easement (ingress and egress) right of access through a 30 ft. section of his property, I am responsible for maintenence an upkeep - It states that I, my heirs and my assigns, have forever access through that portion of his property... Doest this mean that I and people I assign have the right to use the easement as access to my property - I have a gate at the entrance of the easement as well - I was to told to buy my own chain and lock etc....

 

[seniorjudge]

Post EXACTLY the easement language on your deed.

 

[coreyholmgreen]

Easement

Sate of hawaii...
Here is exactly what me easement agrement says:
the Grantor does hereby gran an exclusive right of way to the grantee (me), his heirs and assigns for ever to pass over a designated portion of the property belonging to the granto, for uses of ingress and egress to the property of the grantee more particularly described in exhibit A attatched hereto etc.....
The grantee herein shall be solely responsible for maintenence, repair and upkeep of the property used for ingress/egress etc....

then goes on to say:
The right of way agrement shall be deemed as a covenant runninngn with the land, however, that nothing herein contained shall be construed as a coveyance by wither party of his or her rewspective rights in the fee simple interest of the said party....
I guess in general - Im not sure how to interpret this - does this mean that I and my guests can use that easement if they are staying with me and does the easement transfer to the next owner if I sell the property????? Mahalo for support.....

 

[coreyholmgreen]

I left out parts that identified the specifics of the properties

I left out parts that identified the specifics of the properties - let me know if you need more of the "easement writings" - and I apologize for the lack of knowledge on my end.... mahalo again - C_Worthy

 

[seniorjudge]

If it is an exclusive easement (as you say it is) then you can NOT give rights over that easement to anyone else.

 

[coreyholmgreen]

So - The owner of the property cannot limit access to just myself? - and also - does the easement go with the property if I sell it? - Im not sure what the legal definition of "assigns" is?? - I am assuming that means - the people to wholm I sell the property to? The easement adds a huge value to the property as the other option is basically going down an unruly alley.... and the easement feels like a very nice private drive.... Mahalo - For your support. - C_worthy

 

[seniorjudge]

So - The owner of the property cannot limit access to just myself? - and also - does the easement go with the property if I sell it? - Im not sure what the legal definition of "assigns" is?? - I am assuming that means - the people to wholm I sell the property to? The easement adds a huge value to the property as the other option is basically going down an unruly alley.... and the easement feels like a very nice private drive.... Mahalo - For your support. - C_worthy

I must apologize...I left out a little but signifcant word!

And if it is exclusive, then you cannot sell, assign, transfer, convey, etc. the easement.

 

[coreyholmgreen]

Does that meant that the easement will not carry to the new owner?

 

[HomeGuru]

Does that meant that the easement will not carry to the new owner?

**A: generally, an easement is said to run with the land so when recorded on title, all future landowners must abide. This includes both the subservient and the dominant estates.