Neighbor with Quitclaim Covenant - Right of Way

[Richtdow]

What is the name of your state (only U.S. law)? New Hampshire

This is related to my previous question from December 3 but a different question.

My neighbor has a driveway via a right of way across three properties (including mine) to his house. Researching the deed, it appears that he was granted the right of way through an easement deed that stated "with quitclaim covenants" from one of the properties. My understanding is that a quitclaim covenant transfers whatever interest and rights the grantor had regarding that covenant to the grantee. Does this mean that the grantee can grant written permission to use the right of way deducing that he has the same rights as the grantor in 1997?

 

[Zigner]

Please keep your related questions in the same thread - it makes it much easier for the volunteers here.

https://forum.freeadvice.com/neighb...tate-have-rights-entire-right-way-639968.html

 

[Richtdow]

Roger.

No problem. Do I need to delete and repost or will an admin move it over?

 

[Zigner]

No problem. Do I need to delete and repost or will an admin move it over?

I'd just let it be - no real harm at this point. People can use my link to review your old thread. It becomes more of a problem when an earlier thread is very involved with many twists and turns

 

[justalayman]

If he can transfer the rights (which I’m not certain he can) he would lose those rights himself. He can’t expand the rights originally granted by the grantor of the easement by allowing another to “share” his rights. At best it would be an either or situstion; either the original grantor or the subsequent grantee but it can’t be both.