Posted by John T on December 22, 2007 at 16:27:11 from (66.244.83.147):
In Reply to: One Last Easement Snag posted by noncompos on December 22, 2007 at 15:39:50:
EXCELLENT,,,,,, I used to love to chat with your type folks at land Title Companies (ALTA people) because as I tell a lot of my clients when detailed legal description or survey or easement questions arise ASK A SURVEYOR OR TITLE COMPANY they work with that stuff more often then most (notwithstanding real estate attorneys) lawyers ever do.
The way I look at and describe what youre talking about is that a landowner can convey alllllllllllll whatever right title and interest he has in real estate orrrrrrrrrrrrr less butttttttttt never more. He can reserve an interest such as a life estate or an ingress and egress easememt etc etc and end up, therefore, conveying LESS then his current title, but he can NOT end up conveying any more rights then he has.
Heres the deal regarding conveyance by a general warranty deed: UNLESS the deed recites otherwise and REGARDLESS (like your example) if it states the land is subject to some ancient (but not abandoned) easement OR NOT, as you correctly point out, ITS STILL SUBJECT TO THE SAME even where it dont say nuttin about it on the face of the deed. AND WHO BEST TO RESEARCH AND DISCOVER AND INFORM THE PROSPECTIVE NEW OWNER OF THAT EASEMENTS EXISTENCE (Its NOT on the deed remember) buttttt A GOOD TITLE AGENT. IF THE ATTORNEY HASNT DONE HIS JOB OR HIRED A GOOD ABSTRACTER TO SEARCH THE CHAIN OF TITLE FOR HIM the buyer can end up with a Servient easement even if he had no idea grrrrrrrrrrrrrrrrr
Its possible to do away with such easements by abandonment or conveyance but absent such they are still valid rememeber......
As far as an easement appuretant as you explain it pertains exclusively to and is servient to the dominant tenant who uses your land to get to his. Butttttttt as you further explain its NOT necessarily appurtenant to or applicable to any other Joe blow who happens to own some land behind yours, ITS APPURTENANT TO the dominant parcel it was originally intended to serve...
Even though I state on the deeds I prepare the standard clause "Subject to duly recorded easements covenants and restrictions" as a matter of law that is true REGARDLESS which is what youre trying to warn against also it appears.
Finally, (from my earlier discussion) say the dominant tenant has an easement across you to get to his property and then sells off an acre for his son to build on, the son likely has the easement also buttttttttttttt thats NOT to say if he builds a subdivision back there 500 more people automatically now have an easement THATS A DIFFERENT BALL GAME.
That serves to point out why I preach n preach on a questioner should NOT take anythign I or a lay person here has to say about something because these complex issues vary case by case and state by state and require fact finding and research prior to rendering a competent professional legal opinion. For example, to be on the safe side, I had to advise one questioner to assume those behind him will also have an easement to cross over on him which may not be true subject to the scenario described above.... Likewise, I advised someone who didnt trust family members to name a bank as a trustee although a "trusted" family member is usually who I would recommend.
And we havent even touched on covenants that "run with the land" versus those that dont have we lol
Hire a local attorney and have an abstracter/title company agent run a title search and consult a land surveyor if you have questions.
We sell tractor parts! We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]
Today's Featured Article - When Push Comes to Shove - by Dave Patterson. When I was a “kid” (still am to a deree) about two I guess, my parents couldn’t find me one day. They were horrified (we lived by the railroad), my mother thought the worst: "He’s been run over by a train, he’s gone forever!" Where did they find me? Perched up on the seat of the tractor. I’d probably plowed about 3000 acres (in my head anyway) by the time they found me. This is where my love for tractors started and has only gotten worse in my tender 50 yrs on this “green planet”. I’m par
... [Read Article]
Latest Ad:
1964 I-H 140 tractor with cultivators and sidedresser. Starts and runs good. Asking 2650. CALL RON AT 502-319-1952
[More Ads]
All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy
TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V.
