Easement may NOT be mentioned on other deeds

Posted by John T on April 24, 2012 at 04:46:30 from (216.249.82.117):

In Reply to: Re: RANT the court system and Lawers now days posted by JDseller on April 23, 2012 at 21:36:09:

"A legal easement will be listed on ALL the deeds that the easement is in force on" Actually maybe and maybe not grrrrrrrrrrrrrrrr

Unfortunately references to easements on Deeds is often vaugue or even non existent. For example on most deeds I review for clients there may be only one sentence at the very end which says "SUBJECT TO DULY RECORDED COVENANTS, EASEMENTS AND RESTRICTIONS OF RECORD" thats obviously not a lot to hang your hat on but does suffice legally (and if there is one, even if not stated, it can still survive as a matter of law). NOTE what you described is the way it should be done (and the modern approach) and how I generally do things buttttttttttt thats so often NOT the case. Whats done now in a subdivision (all sorts of planning and zoning laws etc) is NOT how it was done for yearsssssssss out in rural areas.

HOWEVER if Im hired to prepare new deeds and there are easements involved, I carefully and precisely draft and describe the purpose and location and legal description etc SO AS TO AVOID THE TYPES OF FUTURE PROBLEMS RICH IS TALKING ABOUT. I take pride and joy in doing it RIGHT. When recorders or abstractors or title insurance companies see my deeds they comment for yearssssssssss to come future owners and abstractors and title companies will loveeeeeeeeeeee me lol I once presented one to our local planning commission for their review and they said from now on they were going to require all deeds to conform to the details and standards I drafted into mine (now Im afraid other lawyers will hate me for the extra work they have to do lol)

Even if the adjoining deed says nothing about an easement, that doesnt mean one doesnt exist (could have been acquired by prescription). While the Grantor can convey to the Grantee ALL his right title and interest, he cant convey anymore then what he actually has i.e. if he has a piece of land and the neighbor has an easement (by deed or by prescription) to cross it, when the seller sells that land that right of the neighbor doesnt go away just because the deed fails to mention it.....

Hope this helps, I always enjoyed the study and practice of property law, because after all ITS THE OLDEST AND MOST ORIGINAL AND BASIC LAW OUT THERE. All the johnny come lately laws came about to protect PROPERTY RIGHTS

God Bless and best wishes, sounds like your deed was done right.........

John T Attorney at Law

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