A common issue that arises in easement cases concerns the scope of uses that an easement holder can make of an easement versus what uses the burdened property owner can make of their property.
To answer that question, the first stop is the easement document itself. What does the easement say? The scope of an easement is determined by the deed’s language.
When defining the deed’s language, courts will look at the intent of the original parties by looking at the deed as a whole.
If the plain language of the deed is unambiguous, then extrinsic evidence of intent will not be considered.
The real fun begins when the easement language is not clear, then courts will look at the situation of the property, the parties, and surrounding circumstances.
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