Tag: easements

Does an easement granting a right of ingress and egress to access a public road create a public right-of-way and authorize construction of improvements in the easement area and use by the public?

Facts: An owner’s parcel of land was subject to a recorded easement benefitting an adjacent parcel as an appurtenant right for ingress and egress, and “public road purposes” to allow the neighbor access from their adjacent parcel to a public road. The neighbor later constructed a multi-family project on the adjacent parcel. Utilities and roadway improvements were constructed in the easement area for use by the occupants of the project.

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