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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.
What else can I help you with?
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.
How do I locate utility easements on my property?
To locate utility easements on your property, you can start by checking your property deed or survey for any recorded easements. You can also contact your local utility companies or the county assessor's office for information on existing easements. Additionally, a professional surveyor can help identify any easements on your property.
What are easements?
Easements are rights to use someone else's property for another purpose. Easements are generally found in real estate law.
How are easements classified?
Easements can be classified as either affirmative or negative. Affirmative easements give someone the right to use another person's property, such as a right of way. Negative easements restrict the owner of the property from doing something, such as blocking a neighbor's view.
How can I find utility easements on my property?
To find utility easements on your property, you can start by checking your property deed or plat map, contacting your local utility companies, and reviewing any surveys or property records. Utility easements are typically recorded with the county or city government and can also be found in property title reports.
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.
Are easements permanent legal rights granted to a property owner?
Yes, easements are permanent legal rights granted to a property owner or another party to use a specific portion of the property for a specific purpose.
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.
Where can I find information about easements?
You can find information about easements in property records, land surveys, and legal documents such as deeds and title reports. Additionally, you can consult with a real estate attorney or visit your local county clerk's office for more information on easements.
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.
