Legal Question in Real Estate Law in Montana

We own 2 connected commercial lots, A and B. Another party owns lot C. We have a mutual easement of approx 150 feet along an L shaped property line. Their warranty deed shows and additional easement to use "the existing scale house". No other explaination given. This scale house falls inside the 150 foot wide easement. The scale house has an adjacent scale. The party wants full time unlimited access free of charge to scale and scale house. I feel these are personal property and can not be given an easement to?? We have not restricted their use of the easement yet...but do not feel we need to supply a free scale and scale house for their use. They are threatning a suit if we do not honor the easement.

Asked on 12/08/10, 3:33 pm

1 Answer from Attorneys

Mark Anderson Mark Anderson, Attorney at Law, PLLC

You should probably talk to an experienced real estate attorney about this issue. I would not think that the easement would give them a right to use your property. However, you probably need to take all your paperwork to an attorney to review your case.

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Answered on 2/07/11, 12:06 pm

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