Non Exclusive Right Of Way With Easement
Description
How to fill out Non-Exclusive Roadway Right Of Way?
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FAQ
exclusive easement exists when one party has an easement on or over real estate, but the landowner can grant additional easements to other parties on or over the same real estate.
Non-exclusive means that a number of different parties can use the easement. Non-exclusive can also mean that additional parties could be granted the right to use that same easement in the future. A common example of a non-exclusive easement is an access or roadway easement in a shopping center.
In order to obtain an implied easement, the party seeking the easement is required to go to court, prove each of the required elements for the type of implied easement sought, obtain a court order granting the easement, and file the court order in the county deed records.
Most easements are non-exclusive, meaning that the owner retains the right to use the property, and the right to grant easements to others for various uses.
