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Yes. When landowners grant an easement they are effectively selling some portion of their ownership rights in that land, so they can't sell the easement. The deed of sale must cite any diminutions of the selling owner's rights in the land being sold, and that includes easements. So, while ownership of the land transfers, ownership of the easement rights remains with the easement owner.
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Do easements on land transfer during bankruptcy?
If the easements affected the land prior to the granting of the mortgages the property remains subject to or with the benefit of those easements. If an easement was granted aftera mortgage and the lender consented then the property will pass subject to the easement.
What are easements?
Easements are rights to use someone else's property for another purpose. Easements are generally found in real estate law.
Why are easements shown on a Title?
Easements are recited in a deed and reported in a title examination because they affect the title to the property.
Who pays taxes on an easement?
On the property the easement is on/over? That depends on the terms of the easement given and agreed to. The most common forms of easements, utility and right of way easements the property owner pays the property taxes.
How wide is an easement?
There is no set width for an easement. An easement is defined by an agreement between the two property owners. Some easements have standard sizes such as roads or utility easements.
Can the executor of my father's estate transfer his property to herself or her husband?
Only if that is what the will calls for. Normally the property has to evaluated and sold at a market rate.
Does a city have an easement even if not stated in the deed?
Many easements are not in the property deed. They may arise from other deeds (especially deeded easements), subdivision plats, or other recorded documents (court orders, etc), or could become easements by some legal process (such as adverse possession, or easement by prescription or by necessity). A title search may turn up indicators of easements not in the property deed, but not necessarily all rights are recorded.
Can a co-signer be removed from a title?
No. Not unless they transfer their interest in the property voluntarily.No. Not unless they transfer their interest in the property voluntarily.No. Not unless they transfer their interest in the property voluntarily.No. Not unless they transfer their interest in the property voluntarily.
Can a property that was sold for taxes be included in an estate?
No. That property was no longer owned by the decedent if it was sold for unpaid property taxes.No. That property was no longer owned by the decedent if it was sold for unpaid property taxes.No. That property was no longer owned by the decedent if it was sold for unpaid property taxes.No. That property was no longer owned by the decedent if it was sold for unpaid property taxes.
Can real estate that is deeded to an irrevocable trust be sold by the owner?
Absolutely not. The person who transferred the property to an irrevocable trust no longer owns the property. Their deed would be null and void. The trust can sell the property as long as that power was granted to the trustee in the Declaration of Trust. For an effective transfer of the property the deed of transfer must be executed by the trustee.
When can a sold sign be placed on a property?
when the property is sold of course.
Can the same financial institution transfer a lien on a house in Florida that I sold to a house that I bought in Georgia?
They have to have permission from the courts or judge to have a lien placed on the property. It won't automatically transfer to another house.
