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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117386
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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In a Right Away Easement, what does the phrase "grant unto

Customer Question

In a Right Away Easement, what does the phrase "grant unto James A. Hart of Park County, Montana, his heirs, representatives and assigns, the right to enter..." Does this mean he or whomever owns the easement the right in perpetuity?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Montana, Park County. The easement was granted May 7, 1955. It has been sold several times.
JA: Has anything been filed or reported?
Customer: Yes notarized and filed.
JA: Anything else you want the lawyer to know before I connect you?
Customer: We own the land on which the easement lies. Lately the easement has been used several times for different purposes, such as through our property to their hunting camp, and they use that easement also to get to their land where they have been building a camp.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, a grant of a right to the "heirs, representatives and assigns..." means that the right goes to anyone who owns the property and the easement/right of way goes with the property and to anyone who owns the property or anyone they give permission to use the property (assigns and representatives).
You as the "servient landowner" (owner of the land where the right of way is located) cannot interfere with those easement rights of the "dominant landowner" (owner of the right to use the right of way). The only way to seek to terminate such an easement is by proving somehow they are abusing or damaging the easement and then you have to go through court to seek to terminate the easement.
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