An easement over land has no effect on the servient estate holder except for the easement’s purpose, which prevails over any right of the servient estate holder, and which the servient estate cannon inhibit. Further, a deed which reserves an easement, without specifying the easement’s purpose, entitles the easement’s holder to “unlimited reasonable use[.]” A non-exclusive easement is one that the servient estate holder may use, too. Here, the trial court ordered the removal of structures on the easement despite evidence showing there was no interference with ingress and egress and allowed construction of road and utilities on the easement without specifying the width of the road. Because the Court of Appeals could not tell from the evidence whether the trial court’s judgment was “too broad or too narrow,” it remanded the case to the trial court to determine the necessary width of the proposed road and utilities.
Kallash Revocable Inter Vivos Trust v. Fitzsimmons, ED109154
