Legal Memorandum: Grantor's Rights under a Non Exclusive Easement

Issue: What are the rights of a grantor of a nonexclusive easement for ingress, egress, and parking to interfere with the simultaneous rights of the easement holder?

Area of Law: Real Estate Law
Keywords: Nonexclusive easement; Ingress, egress and parking; Rights of easement holder
Jurisdiction: Minnesota
Cited Cases: 177 N.W.2d 786; 287 Minn. 254
Cited Statutes: None
Date: 10/01/2012

The law in Minnesota is that a grantor does not generally relinquish possessory rights to the property when he grants an easement, but may not act upon the property in such a manner so as to unreasonably interfere with the rights afforded under the easement.  The leading case in this regard is Minneapolis Athletic Club v. Cohler, 287 Minn. 254, 177 N.W.2d 786 (1970).  “Generally, the grant of an easement over land does not preclude the grantor from using the land in a manner not unreasonably interfering with the special use for which the easement was acquired.”  See also Bradley v. Kelley, No. 27-CV-11-4816, 2011 Minn. Dist. LEXIS 163 (Hennepin County Dist. Ct. Oct. 27, 2011); Three Putt, LLC v. City of Minnetonka, No. A08-1436, 2009 Minn. App. Unpub. LEXIS 586 (Minn. Ct. App. Jun. 2, 2009) (unpublished).


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