Q & A | Overburden of Easements…

Q: Assume landowner A owned an acreage tract and was carving out a back acreage portion to sell to B. Since B’s tract would otherwise be landlocked, A granted B an access easement that would run with the land and inure to the benefit of B’s successors and assigns. B later acquires another acreage tract behind his tract he had acquired from A. The new tract does not abut A’s land. B plans to sell this new acreage tract to a developer, who will develop a large subdivision. The only access to the subdivision would be over B’s remaining tract then along the easement that B obtained from A. Is that an overburden of the access easement?

A: There is definitely a large risk involved with insuring access to the newly acquired rear tract based on the access easement from A to B. That easement does not inure to the benefit of the newly acquired rear tract. Even if B assigns and conveys easement rights along the easement, this assignee does not fall within the successors and assigns language of the easement granted by A. A separate easement from A must be obtained for the new subdivision.