Tuesday, March 17, 2015

If an easement is designated equestrian foot traffic only can the city approve a bicycle path to that easment

Question

If an easement is designated equestrian foot traffic only can the city approve a bicycle path to that easment



Answer

I assume the easement is in favor of the city. I would say that a court would likely hold that use of an easement designated for foot and equestrian traffic only would be impermissibly overburdened by the city allowing bicycle use as well. So, in my opinion, the answer is no.



Answer

The scope of the easement is defined by the terms granting the easement. If it is specific, I doubt that a court would extend it to other uses.



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