What does a perpetual non-exclusive easement mean?

An "easement" is a legal right to use the property owned by another person (i.e. the person who granted the easement). An easement is usually created by a recorded document, whether a deed or an easement agreement. The purpose of the easement (for example, a driveway or a walking path) is whatever permitted use is stated in the easement document.

The fact that the easement is "perpetual" means that the easement has no term and will continue indefinitely.

An easement that is "non-exclusive" simply is an easement that someone else may also use. This might mean the person who granted the easement or whoever else may be identified in the easement document. The easement document should state who else may use the easement.

A perpetual easement usually "runs with the land", meaning that the easement continues in effect regardless of whether the property benefited by the easement is sold or if the property burdened by the easement is sold.

 

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