If the plot plan attached to my Master Deed doesn't show an easement in the driveway could the easement still exist?

Answer 1

Yes, it certainly could. Easements can exist whether or not they appear on surveys or subsequent deeds for the property. A title examination is the means by which the title to real property is examined by a professional in order to disclose recorded encumbrances that affect the property.

Plot plans are notorious for not showing much information about the subject property. However, to their defense, they are not intended to show encumbrances nor should they be used for purposes of conveyance. In most cases, the plot plan is done to show there are no encroachments, or, structures that cross over the property lines. The person who drafts a plot plan has not examined the title to the property. Therefore, plot plans do not show easements and cannot be used to determine all the encumbrances on a property.

You need a professional title examination and legal opinion to determine what easement rights encumber your property. Easements can be set forth in the text of the Master Deed and Trust, on site plans and in other documents that affect the condominium. You should call the attorney who represented you at your time of purchase and ask her/him about the easement. If a title examination was performed at that time there should be a copy in the attorney's files. The attorney could review it for any language regarding easements and should be able to find an answer to your question.