What does “Reasonable Permanent Access” Mean in Terms of an Easement?

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“I own a building with another company and there is an easement on the property. There is a restrictive covenant which states I am to provide “reasonable permanent access” to this easement. To construct a turning lane which would be the ideal access to this easement, the cost runs around $350,000. What is meant by reasonable permanent access? There are much cheaper alternatives which may not be as convenient, but may be reasonable? I have tried researching this, and cannot find it anywhere?”

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Unfortunately, you’re not going to find a specific, black-and-white answer. The reason that vague terms like “reasonable” are used is because what is reasonable in one situation may not be in another.

I would suggest that you make what you consider to be a reasonable and cost-effective proposal to the owners of the easement, and see if they’ll agree to it (preferably in writing) as satisfying the requirements of the easement. If not, maybe you can come to a cost-sharing agreement for a solution that’s preferable to them.



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Author: House Attorney

A house attorney has answered this question.

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