[WSBARP] Does land lease include easement rights?

Timothy Lehr timothy at stileslaw.com
Wed Jan 24 08:49:32 PST 2024


All,

I have a PC that owns a parcel of land that includes an access easement for the benefit of an adjoining landowner. Adjoining landowner owns farmland and uses that easement to access certain farm fields. The easement allows access from a main road, travels across PC's parcel and ends at adjoining landowner's farm fields.

The farmer leases his farm field during the waterfowl hunting months to a duck club. The members of the duck club use PC's access easement to access the field for hunting. Lately, they have been parking within the easement area. When PC contacts them about parking, they have not been cooperative.

Question is - when the farm landowner is the sole beneficiary of the access easement, can that access be transferred or conveyed to the duck club member via a land lease?

Timothy C. Lehr
Attorney & Partner

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