Posted by jdemaris on March 12, 2008 at 13:05:24 from (67.142.130.38):
In Reply to: Re: Legal question posted by old on March 12, 2008 at 12:14:03:
Well, that can complicate things. Are you sure that your deed isn't referencing a fuller description that is recorded separately on a different document? Perhaps in the name of the other party, or in older deeds of former owners of your property? No book or page #s cited? Technically, in a legal dispute, since you own the land - the burden of proof is on the other people to prove their right if it is challenged (at least in any part of the US I've dealt with). These things can turn into prolonged messes and you're always better of solving things by mutual agreement if possible. Same goes with surveys which are often wrong. Sometimes the other party might actually have a written easement that wasn't recorded and suprise you with it. The law does not require recording easements or deeds - but doing so makes things a lot easier.
Many old deeds and easements were written without much information. In my area of New York, the county registrar won't allow easements in deeds unless they are described properly and mapped. I've had a few rejected for lack of information. If the description doesn't really describe anything seems it doesn't mean very much. But, prior use comes into play. Utility Companies used to purposely write vague descriptions for easements so it was very difficult to stop them from doing anything. I've got some property up in the Adirondack Mountains - and the power company has a 70 year-old easement on my land that states - they can enter whenever, whereever, and do whatever they deem necessary to maintain their power lines. And, they make it clear that it will be up to them - to decide what is neceessary, and what is not. That's about as open-ended as you can get.
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