[WSBARP] Limits on use of exclusive easement

Joshua Grant jgrant at advocateslg.com
Wed Aug 2 14:54:18 PDT 2023


Client is the owner of an access easement that goes across parcel A and it leads to the benefited parcel B which client owns.  It is an "exclusive" easement.  Client observes that it is a grant not only to client but also to client's heirs and assigns.  Client now wishes to subdivide his Parcel B into 4 lots.  He also wants the new owners to be able to use the easement over Parcel A so they can get to their parcels.  The Client says "I will simply assign my exclusive easement to each of my buyers."  The end result is that from one legal user of an exclusive easement, we now have 4 users of the exclusive easement.  My hunch is that it won't work and Client needs to go to original grantor and get a new non-exclusive easement.  ???
Josh
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