Easement Piggybacking

Posted By Nearly Normal on 10/7/2008 at 11:18 PM

Sometimes I run across a case where one owner of written road easement rights grants the easement to a third party without the owner of the servient parcel ever being included in the process. I think many people figure that an appurtenant easement can just be assigned to some down-stream owner.

Can you point to the definitive law or legal presumption that prevents such piggybacking from being valid?

By the way I don't ask this question for kicks or for academic reasons... I am putting together some testimony in case the question arises in court, so your thoughts are appreciated.

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