What Is a Nonexclusive Easement?

A nonexclusive easement is another way of referring to a property easement, which gives anyone access rights to a property as long as the property owner’s rights are respected. An easement does not include ownership rights, but allows general use of the land through actions or a deed.

Types of nonexclusive easements include perpetual and temporary access rights. A perpetual nonexclusive easement doesn’t have any time limits, and the land is always accessible unless there is change in rights usage. A temporary nonexclusive easement grants access rights to property for a limited time. Temporary easements may be used by the federal government for land management.

Another example of how a nonexclusive easement works is in the usage of roadways. For instance, a road located on private property is open to public use, because the landowner allows it for general transportation. Since the owner controls the road, the owner has the right to object to someone blocking the road for another use.

An exclusive easement designates all or a portion of a property as off-limits to anyone who doesn’t have access rights. Exclusive easements can be granted in a deed by a property owner or acquired by the actions of specific persons. An exclusive easement may also limit land use to certain times of the year.