Exclusive vs. Non-Exclusive Easements

12/19/2022 11:03 AM Mark Goodman

We’ve been talking a lot about easements recently. An important thing to consider when drafting an easement is whether the easement is intended to be exclusive or non-exclusive. In this article, we will take a look at the differences between exclusive and non-exclusive easements.

The Difference Between Exclusive & Non-Exclusive Easements

Exclusive means that only one party or perhaps a limited number of parties can use that easement. Non-exclusive means that a number of different parties can use the easement. Non-exclusive can also mean that additional parties could be granted the right to use that same easement in the future. A common example of a non-exclusive easement is an access or roadway easement in a shopping center. The private roadways within a shopping center development often are covered by documents providing for non-exclusive easements to the different retailers in the development.

Other Types of Easements

Another important thing to consider, related to exclusivity, is whether the owner of the burdened parcel will reserve the right to use that easement area for other purposes or the right to grant other types of easements over that easement area. Your title company can take all of these items into account and make sure you have all your bases covered.