Saturday, March 21, 2015

does the ownwers of a landlocked property with an easement throuth my property have the right to have garage sales without my permission. Wh...

Question

does the ownwers of a landlocked property with an easement throuth my property have the right to have garage sales without my permission. What is the legal description of an ingress egress easement. The Court has ruled they have only got an easement through our property and we have 100% ownership, upkeep, etc to the easement.



Answer

The terms of use of the easement are usually spelled out in the grant or else the easement is interpreted by existing case law as to reasonableness. Whether the other party is having garage sales or not is irrelevant. The important point is whether the use is customary and reasonable under the circumstances and who should bear expenses for wear and tear.



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