Need help with a strange Right of Way Lake Access

[FarmerJ]

the assigns part caught my eye too since the way I take it is that the easement might have been a bit more narrow such as a more narrowed definition of assignment such as limiting it to sale of the property and temporary assignments such as like if a dock installer company was going to be used every year to take a dock out for the winter and put it back in at spring time but you know the best thing for you to do biglurr54 may be to just use the links above and make arrangements to get full copies of what ever the attorney you speak to ask for and have it all reviewed so you are truly given the best possible advice ! ( this way later on if there is a actual legal dispute started by the other property owner since you have no idea how much longer she will own it and finding your self needing assistance from a Attorney again)

 

[Biglurr54]

My worry is the cost of an attorney. I know its an investment into the future. I just don't know how big that investment will be.

 

[justalayman]

This phrase:



Makes me disagree with you.

If he assigns his rights to another he loses his

 

[justalayman]

I am hoping that assigns means whomever i assign permission to. If not I wonder how the leasing of land would work out.

Sure you can assign your rights. As long as you don't want to use the easement that would be legally fine. When you assign your rights you no longer have those rights.

As to leasing part of your land to another; not going to work if the sister objects. That is over burdening the easement.

Basically you have to go to the intent of the GRANTOR of the easement, the sister. If there is a disagreement as to what is allowable you ask the grantor what their intent was and I'm pretty sure she is going to say it was to allow residents of your property to access the lake.

Leasing part of your property changes it from a single family use to a multiple family use and that is almost assuredly not the intent she had in mind.

 

[LdiJ]

If he assigns his rights to another he loses his

Please give me a cite for that...because that is the description of a successor, NOT an assign. An assign can be anyone from a contractor who comes out to fix some loose boards on the dock, to someone who uses the dock on a regular basis. He sure as heck doesn't lose his rights to a contractor who comes out to fix some loose boards on the dock.

 

[Zigner]

Leasing part of your property changes it from a single family use to a multiple family use and that is almost assuredly not the intent she had in mind.

Not if the lease is properly structured. One doesn't have to reside there in order to hold interest as a lessee.

 

[justalayman]

Not if the lease is properly structured. One doesn't have to reside there in order to hold interest as a lessee.

But it is beyond the probable intent of the easement which means it would be an over burdening

 

[justalayman]

Please give me a cite for that...because that is the description of a successor, NOT an assign. An assign can be anyone from a contractor who comes out to fix some loose boards on the dock, to someone who uses the dock on a regular basis. He sure as heck doesn't lose his rights to a contractor who comes out to fix some loose boards on the dock.

How about a dictionary definition

How about Black's definition;

http://thelawdictionary.org/assignment/




Such as an asignee when a party to a contract. As an example a debt purchaser is an asignee of the original creditors rights. The OC loses any rights once the debt is assigned to another unless it was reassigned back to the original creditor.

A successor is a party that takes the place of the original but not put into that position by the original party. A president of the US an example of a successor but not an assignee.

The hired help are more inline with designees or designates

 

[LdiJ]

How about a dictionary definition

How about Black's definition;

http://thelawdictionary.org/assignment/




Such as an asignee when a party to a contract. As an example a debt purchaser is an asignee of the original creditors rights. The OC loses any rights once the debt is assigned to another unless it was reassigned back to the original creditor.

A successor is a party that takes the place of the original but not put into that position by the original party. A president of the US an example of a successor but not an assignee.

The hired help are more inline with designees or designates

I am not an expert on this issue. You are not an expert either. I am getting a little tired of pointing out flaws in your logic when neither of us are experts on some issues.

I will make a deal with you. I will not make definitive posts on issues where I am not an expert if you will promise to do the same. That way neither of our opinions will distract from those who ARE experts on a particular issue.

Seriously...

 

[justalayman]

I am not an expert on this issue. You are not an expert either. I am getting a little tired of pointing out flaws in your logic when neither of us are experts on some issues.

I will make a deal with you. I will not make definitive posts on issues where I am not an expert if you will promise to do the same. That way neither of our opinions will distract from those who ARE experts on a particular issue.

Seriously...

Pointing out flaws in my responses? Rather than simply saying I'm wrong, prove me wrong...if you can. You saying I'm wrong doesn't make me wrong. Actually, and especially after I gave you the Blacks law dictionary link to prove you wrong, well, what else is there to say.


I have no need to make any deals with you. You are the one that keeps attacking me. So far you have failed to prove me wrong


But you sure like saying I'm wrong a lot.


Seriously.

 

[justalayman]

We can make this real simple. This easement is no different than an easement granted to access land. While the dominant tenant's rights can be extended to those using the easement to access the lot it was granted to provide access to, the dominant tenant cannot grant the right to use the easement to access land beyond his own land. That is what op wants to be able to do.

If he did he would be acting in a manner only the servient tenant can. Dominant tenant was granted rights to use the easement. He cannot grant others a right to use the easement. He can only exercise the rights granted to him, or more correctly, to the land he owns.