Rodgers talking about "overburdening an easement" (other States may use different terms), like: A sells B 5 ac back of the barn, granting B a road and utility easement from the 5 ac to the public road. The understanding at the sale is that B and his successors will live on the 5 ac as a single-family site... Later B or a successor decides to cut up the 5 acres, and will grant each new piece the right to use the easement... A says "NO!,that easement was for single family use only, and it's going to stay that way!", and refuses to take more money from B for the proposed additional use... The question is: how many pieces (if any) of B's 5 acres can legally use the original easement??? Or is the easement only valid for one-family use??? The answer is John T Country Lawyers answer in the easement post below: it depends upon your state's laws, the interpretations of those laws and how they're customarily applied in your state, and to determine that you need the best real estate/land law atty you can find (afford?). In rodgers case, the fact that he wasn't a party to, and has no knowledge of what the understanding might've been at the time of the easement grant, seriously complicates the question. It wouldn't be surprising to hear the seller maintain it was a "single-family" easement at the same time the owner of the 60 acres is as loudly claiming the easement was to serve a 350 lot subdivision (that's an exaggeration, but not much). With sympathy, Bud
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