Home

Mike, If there is an owner that does not consent to the expansion of the right of way to serve another owner, then you are stuck with trying to analyze "overburdening" as you mentioned. There are a number of cases that touch on overburdening, but my ...

Thanks Roger. But what about the Owner of White Acre? He acquired the property with the right of way to serve the existing number of lots (2 in the example). Can subdivide and create a 3 rd lot and grant use of the right of way, without consent ...

The answer might be affected by the exact language of the original easement, but the owner of Blackacre can increase the burden on the easement over Blackacre's property, but not over anyone else's property. Granting an easement usually allows the owner ...