Thanks to all-cee gee carl
I read that the easement was to be built across lot 1 to benefit lot 2. I would agree that if it was to benefit another party, then you are reading into it other than the reading of the original post. Regardless, if it was meant to also benefit the one owner of parcel 3, that doesn't give 3 a right to subdivide furher and transfer the benefit of the easement to other parties. I agree with the overburdened theory. You can't get an easement to access your house, then create 20 dwellings and expect the same easement to benefit all 20 new parties.
I see no fraud. Also as to why the builder would have to do it to town regulations....several reasons come to mind, including that the town has to approve the sale, and second, instead of trying to catch and include all possible road construction requirements, it would be better to just reference an already-established set of standards.
Going outside the four corners of the document is one thing, but also construing it to mean that you can subdivide further and benefit more parties is "out of bounds" in my book.
