One of the most important things to consider when you’re drafting easements is whether the easement in question is exclusive or non-exclusive. In this article, we are going to discuss the important differences between exclusive and non-exclusive easements.
Exclusive Easements
An exclusive easement is an easement that can only be used by a single party – or sometimes a very limited number of parties. An example of an exclusive easement would be an easement that allows a farmer to cross a portion of another person’s land in order to access a specific area. In this case, the easement would apply to the farmer in question (and perhaps some of his family members or employees), but no one else. In other words, it is “exclusive” to the farmer.
Non-Exclusive Easements
A non-exclusive easement is an easement that can be used by a number of different parties. A great example of a non-exclusive easement is an access easement in a shopping mall. Typically, the private roads on the grounds of a shopping center are covered by non-exclusive easement for the various retailers in the shopping mall.
Commercial Real Estate Professionals
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