09-06-2016, 08:11 AM
I need help understanding if a subordinate easement interest necessarily allows free access to a road, it seems to me it is incumbent on a person to build their own road on there own dominant easement interest:
Two Puna properties side by side to east and west and only access to them are two appurtenant easements next to each other, each 30' wide and 1000's of feet long running north to south and granting a perpetual nonexlusive access (it doesn't specify, but I assume it means pedestrian access). Owner of property on West has a dominant easement interest in the easement on the west 30x1000' strip, and a subordinate easement interest on the east 30'x1000' strip. Vice versa for property on east (she has dominant easement interest on east strip).
One of the land owners built a road on her dominant easement (at her own great expense). A new owner buys the vacant lot and claims unlimited right to the subordinate easement with the road on it and they do not have to build a road on their dominant easement.
Is that really true, can someone just take your road as if it was there own and not have to pay for development or maintenance costs? I don't know, it seems completely wrong to me but I am not a lawyer and need help understanding.
Thanks for helping, I know you are probably not a lawyer but I'm just trying to understand how the law is supposed to work in this case.
Mahalo
Two Puna properties side by side to east and west and only access to them are two appurtenant easements next to each other, each 30' wide and 1000's of feet long running north to south and granting a perpetual nonexlusive access (it doesn't specify, but I assume it means pedestrian access). Owner of property on West has a dominant easement interest in the easement on the west 30x1000' strip, and a subordinate easement interest on the east 30'x1000' strip. Vice versa for property on east (she has dominant easement interest on east strip).
One of the land owners built a road on her dominant easement (at her own great expense). A new owner buys the vacant lot and claims unlimited right to the subordinate easement with the road on it and they do not have to build a road on their dominant easement.
Is that really true, can someone just take your road as if it was there own and not have to pay for development or maintenance costs? I don't know, it seems completely wrong to me but I am not a lawyer and need help understanding.
Thanks for helping, I know you are probably not a lawyer but I'm just trying to understand how the law is supposed to work in this case.
Mahalo
aloha