Re: One Last Easement Snag

Posted by jdemaris on December 22, 2007 at 17:30:29 from (67.142.130.43):

In Reply to: One Last Easement Snag posted by noncompos on December 22, 2007 at 15:39:50:

Yes, but it can still be a problem. "A" has a certain right forever that goes with his land, heirs, assigns, etc. He then subdivides and sells off several smaller parcels. Down the road, if not spefically mentioned in each deed, it can be questioned if that original easement goes with all the newer subdivions - or not. I've seen it go both ways. It's up to the presiding judge - right or wrong, unless it gets appealed.

I just went through something similar yesterday. 160 acre parcel in Michigan. I bought a 33 acre chunk off of it. There is a recorded easement, put in place by court order, that goes with the orignal 160 acre parcel. The 33 acres that I bought is the parcel that really needs the easement. Part of the purchase agreement was - that the seller have the new warranty deed, to me, include specific language indicating my easement. They did not - and the deal almost fell through.
The new proposed deed they faxed me - read -
" Being subject to roadway and other easements of record, if any. "
I refused it, and told them the generic "if any" was not good enough. The title company president than called me, and told me it was not legal in Michigan to specify an easement in a warranty deed. That is pure BS and I politely told her so. I was just ready to back out on the deal, when they changed it to the following:

"Subject to conditions set forth in judgement recorded at liber 282 page 511, citing reservations of ingress
and egress by predecessors in title, unto heirs, successors and or assigns and also cited at Liber 283 of Deeds page 203, Presque Isle County Records. "

After that change, we bought it, i.e. we closed on the property. Otherwise, we would of refused it. Without that inclusion, I may have had to go to court to attempt to prove my rights.

Here's the wording from the original court order:

Reserving unto Grantors, their heirs and assigns and easement of ingress and egress over the
existing two track road located within the above property.
This deed is given pursuant to a judgement of the Presque Isle County Circuit Court dated July
25, 1988 and entered in Case No. 87-001329-CH.

Replies:

• Re: One Last Easement Snag John T 18:31:44 12/22/07 (0)

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