Exclusivity and Costs. Easements typically grant exclusive use of the easement area to the recipient unless they provide that the easement is nonexclusive. Of course, shared driveways should always be granted on a nonexclusive basis, and so should utility and drainage easements (with suitable restrictions) to the extent the easement area needs to be used by the burdened owner. Related to exclusivity are costs. If an easement affects shared property, such as a parking lot or driveway, there should be an allocation of the costs of maintenance, repairs, insurance or property taxes. Next: Changes to Easements.
