This form grants the nonexclusive right to make use of the Grantors existing road.
Delaware Nonexclusive Easement and Right of Way to Use Grantor's Private Road
State:
Multi-State
Control #:
US-OG-073
Format:
Word;
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FAQ
Exclusive means that only one party or perhaps a limited number of parties can use that easement. 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 continuous easement is one whose enjoyment is, or may be, continual without the act of man. A discontinuous easement is one that needs the act of man for its enjoyment.
An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership. A right of way easement is very common.
Competing Easement Rights Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no.
Let's say you live in a place where your neighbors regularly walk through your yard to get to a park or a lake. If they did that consistently over a period of time, it could allow them to eventually have rights to your property. This situation is one example of an easement appurtenant.
The legal situation may not bother some people, but for others, it may. Most of the time, a property owner cannot block an easement that has already existed in the property's deed. When the property owner contests the easement's boundaries, a reputable local company in California can conduct a property survey.
Lastly, an easement can terminate by a release being granted by the owner. However, the release should be placed in writing and recorded in the county land records. If not, serious title problems could result in the future.
Yes, in most cases, you can build a fence on an easement. Fences are regularly built along or across easements. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example).