Agreement between Adjoining Landowners Granting Perpetual Non-exclusive Easement for Use of and Access to Parking Area
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FAQ
If the property is sold to a new owner, the easement is typically transferred with the property. The holder of the easement, however, has a personal right to the easement and is prohibited from transferring the easement to another person or company.
Generally, easements are created by express grant or reservation. Easements are perpetual unless they are expressly limited, or terminated by agreement, abandonment, implication (e.g. necessity ceases to exist), adverse possession, or another means of formal termination.
The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering the burden is the servient estate (or servient tenement). For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house.
Property law allows for an easement owner to transfer his easement to another person. And as with other property interests, in some ways an easement owner can divide his easement rights and transfer some of them to another person. Similarly, a servient owner can transfer the servient land to another person.
This is similar to adverse possession, however, an easement does not convey ownership rights to the property like adverse possession does. Easements may also be granted out of necessity such as traveling across another's property to gain access to a property that is landlocked.
Perpetual easement is that type of easement which is to last without any limitation of time. It is a right which a person has on the property of another person which to an extent is permanent.
A perpetual non-exclusive easement renders the land permanently accessible to all those who benefit from the easement. Alternatively, a temporary non-exclusive easement is granted for a specific period of time. Non-exclusive easements are generally perpetual in nature and attach to the land.