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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102504
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Can a person on a shared easement give permition to another

Customer Question

can a person on a shared easement give permition to another not on the shared easement to joy ride with thier atv
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

To phrase this in a more legalese way, the question can be: "Can a dominant estate invite guests to use the easement?"

The answer is generally speaking yes, provided that:

-The easement instrument (document) itself does not disallow guests; and

-the activity in which the person engages in is normally engaged in groups of people and this is to be expected for such an easement.

Assuming above is true, then the presumption is that yes, they can. However, if they are making noise, the other party (servient estate) can go to Court to ask the Judge to override this presumption and ban guests if they are creating a nuisance, damaging land, or otherwise are abusing the easement in some way.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!