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What do you do if a utility easement as well as a ROW easement are not on your deed?
Jqgabriel
Easements do not have to be recited in your deed to be effective. Often a prior owner conveyed rights to an abutter or utility company and only the property description is carried forward in subsequent deeds. A full title examination should disclose easements and other rights that are not recited in the deeds in the chain of title. In fact, that is a main purpose of a professional title examination of real property. Sometimes, a title examination reveals that the utility or other entity claiming the easement does NOT have rights in the property. Discuss the problem with the lawyer or title company who represented you at your time of purchase.
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∙ 15y ago
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The power company has no easement on their power line that goes through your property Can you build a garage under the line?
Your title would need to be researched to determine if an easement was granted in years past. Utility easements are often not recited in deed descriptions. Failure to recite the easement does not mean the easement doesn't exist. Grants by property owners are not the only method by which utility companies acquire rights. In some cases, easement rights were taken by eminent domain. In some cases the utility was permitted to construct a ROW by virtue of a legislative act. In that case, it would have an easement. You should speak with an attorney in your area before you construct anything within the limits of the power line. An attorney who specializes in real estate law would be familiar with the local practices. If you build a garage within the power line ROW and later find the utility did have an easement it can and will demand the garage be removed.
How does one know if a property easement is road only or a utility easement or both?
You need to approach the owner of the road and negotiate for additional easement rights. You should also discuss the situation with an attorney to determine if the laws in your state confer any other rights when you have right to use a private road.
Can someone with an easement deed that easement to someone else?
Generally, an easement "runs with the land" unless the original grant specifies it will end when the grantee no longer owns the property.If A granted a right of way easement over their land to B then the ROW will become an appurtenant right attached to B's land. When B sells to a new owner, the new owner also will acquire the ROW. However, B cannot sell or transfer the ROW to any other land owner, for example, her neighbor, C.
What does full enjoyment of the easement mean?
Full enjoyment of the easement means that the owner of the easement is able to exercise all the benefits of the easement that are described in the document that created the easement. For instance, if an owner of an easement has the right of access to his property over a 12 foot ROW then the owner of the land encumbered by the ROW cannot park cars within the bounds of the ROW so as to impede its use by the owner of the easement.
You don't understand The person who sold me the property 19 years ago has since destroyed my right of way to my land by putting an obstruction on itI can't get to my landHe owns the land of the ROW?
You must review your deed to make certain the ROW was granted and described in the deed. If the ROW was granted and described in your deed the owner of the burdened property cannot obstruct your access. If the ROW is not mentioned in your deed you may still have acquired an easement by nineteen years of open and continuous use. You need to consult with an attorney who specializes in real estate law who can review your situation, your deed and determine what your options are. You should act ASAP.
What if row is granted to a gas station and that property is sold to another does that right of way go with the property if it is not spelled out in the new deed?
You need to check the instrument that created the easement. When an easement goes along with the property as a appurtenant right in subsequent conveyances it is said to "run with the land". In checking the original grant one would look for the words "to heirs and assigns" in the grant of easement. That would make the easement right transferable to future owners of the property. You should consult with an attorney who specializes in real estate law who can review your situation, the deed that created the easement and explain your rights and options under your state laws.
Can holder of right of way for ingress and egress give another land owner with landlocked property permission to use the same row?
Not unless the first easement owner was granted the right to assign it to other landowners in the original grant of easement. If not, the other land owner must obtain a separate easement from the owner of the land over which the easement passes.
Who owns railroad property when it is no longer in use?
The railroad, unless they deed it over to someone else.ClarificationIt sometimes requires extensive research in the 1800s to determine who owns an old railroad right of way. When railroads were first constructed there were different ways by which the railroad acquired their rights in the land: by deed in fee, by grant of easement, by eminent domain takings and by congressional grants. If the right of way was acquired by deed the railroad owns the land and may have the right to sell it when the ROW is no longer in use.If grants of easement rights to construct the ROW were acquired from the abutters then the land may revert to those abutters when the ROW is discontinued.If the land was taken by eminent domain for the layout of the railroad then the land may revert to the abutters when the ROW is discontinued.In Massachusetts the state has the right of first refusal when railroad land is conveyed in fee.This is a contentious topic right now in the United States where states are acquiring old railroad corridors to construct bike and hiking trails for public use. See the related link provided below.
How is a servient estate effected when a dominate estate is divided?
In the case of an easement the servient estate is the land burdened by an easement. The dominant estate is the land that has the benefit of the easement. If owner A has a right of way over the land of owner B and A desires to subdivide her property, A must examine the language of the original grant of ROW to determine if it was granted to A AND her heirs and assigns.
How does one find what right of ways exist for a piece of property?
Check with your Register of Deeds for deeded easement or ROW of record. You can also ask the abutters (owners of adjacent lots) and utility companies if they know of any non-recorded rights. Another answer: In Massachusetts, you would need to have a comprehensive title examination performed by a professional title examiner.
What does the term heirs and assigns mean in a deed?
It means the grant is intended to be indefinite. For instance if I grant a right of way to my neighbor Susan to take a short cut via a driveway over my property and do not say "and to her heirs and assigns" then the ROW would die when she dies or sells her property. If I grant the ROW to Susan, her heirs and assigns then the ROW goes on forever. The words "heirs and assigns" were traditionally used in a deed to grant a fee simple estate meaning that the grantee is the absolute owner and can sell the property or leave it to his heirs.
Can a land owner re-route an easement?
Not unilaterally; in some states it must be done by agreement with the owner of the easement. In some states courts have decided that an easement that interferes with the owners right to use their property can be moved. For example, a farmer sold land to a developer that had a winding ROW running through it to provide access to another farmer to cultivated fields to the rear. A court in Massachusetts held that the ROW could be moved so as to allow the development of a subdivision. You need to consult with an attorney in your area who can review your situation, the titles to the subject properties and explain your options under the laws in your state.
