Results 1 to 8 of 8
  1. #1
    Join Date
    Aug 2010
    Posts
    3

    Lightbulb Landlocked Property Granted Egress Easement, No Longer Landlocked

    This is in New York State. In 1969, the frontage part of a 6.5 acre parcel of land(property A) was sold with a 15 ft ingress/egress easement along the one end of the property to the landlocked parcel(property B) in the rear. The stipulation in the deed is that the easement will cease to exist if some other public access is created to the lanlocked rear parcel.
    In the year 2000, the property next door to parcel A, which borders on the easement(property C) was purchased by a new owner. Property B connects and is to the rear of Property C, just as it connects and is to the rear of property A.
    Subsequently, the individual,(owner of propery C), purchased property B. I believe, but am not absolutely sure, that he recombined and had them deeded as one property(property BC). In 2005, another individual purchased property BC.
    Since the original purpose of the easement was access to the landlocked parcel of land B, and it is no longer landlocked, does the owner of propery BC still have the right to use the easement to access the old parcel B since it is more convenient for him than driving directly from old property C to old parcel B which I believe are no longer two different properties but the same property which he now owns.
    I suspect that even though B is no longer landlocked,( C being a property with street frontage and with the same owner), the issue of whether they are still separate or now one property is pertinent. Therefore I will have to confirm this if it is indeed pertinent.
    Is this something that is very clearly covered in the law, or would I need to retain an attorney if I wished to have the easement revoked on the grounds that the condition for its being granted no longer exists.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,376

    Default Re: Landlocked Property Granted Egress Easement, No Longer Landlocked

    I think that it will be up to you to get the easement removed if, after asking the neighbor, you get a refusal to voluntarily surrender it.

    Although the language of the original grant is clear, it may be up to you and your attorney to go to court and establish the facts, and ask for removal of the easement.

  3. #3
    Join Date
    Jan 2006
    Posts
    28,078

    Default Re: Landlocked Property Granted Egress Easement, No Longer Landlocked

    I suspect that even though B is no longer landlocked,( C being a property with street frontage and with the same owner), the issue of whether they are still separate or now one property is pertinent. Therefore I will have to confirm this if it is indeed pertinent.
    I'll probably get corrected on this by landsurveyor but I believe it is critical to determine if the properties have been combined. If the lots were not combined, parcel B is still landlocked. The only reason it has access to a highway other than the easement is due to the common ownership of lots B and C.

  4. #4
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,376

    Default Re: Landlocked Property Granted Egress Easement, No Longer Landlocked

    Let's look at this as if B and C are under separate ownership and the owner of C grants B an ingress egress easement over parcel C to public access.

    Does that act extinguish the original easement? As I read it, it does.

    Now let's assume that B and C are now under common ownership, and both parcels have been surveyed and combined in a replat which eliminates the two original lots and now B and C are one parcel in the contemplation of the surveyor, the lender (if any), the County Assessor, and any title company.

    Does that extinguish the original easement? I think it does.

    Now let's assume that B and C have common ownership, to the extent that the Rule of Merger could apply, but they have not been combined as above. Does that extinguish the easement?

    I have a feeling that it does.

    So am I disagreeing with jk? I don't think so. That is rarely the case, and I could be wrong.

    I am suggesting that the ownership of B and C should be looked into, and if found to be completely the same, the alternate access question from the original easement agreement is resolved (in theory).

  5. #5
    Join Date
    Jan 2006
    Posts
    28,078

    Default Re: Landlocked Property Granted Egress Easement, No Longer Landlocked

    I was hoping you would be able to clearly correct me. You understand the Rule of Merger better than I do.

    The question I have is; does the merger of titles (but not a combination of the properties into one parcel) fulfill the requirement of the statement within the original grant.

    In one thought, I can see it as arguably it does. In another, I see where removing the existing easement would require the current owner of both of the other parcels to provide an easement should he decide to sell one or the other properties. I would think this unfairly encumbers the owner ( of B and C) as he must then relinquish part of parcel C to allow an easement that properly was against A.

    If the lots were combined, I have no doubts as to the easement being extinguished.

  6. #6
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,376

    Default Re: Landlocked Property Granted Egress Easement, No Longer Landlocked

    The question I have is; does the merger of titles (but not a combination of the properties into one parcel) fulfill the requirement of the statement within the original grant.
    I think that it does.

    I would think this unfairly encumbers the owner ( of B and C) as he must then relinquish part of parcel C to allow an easement that properly was against A.
    Parcel A and B were already legally encumbered, fairly or not, by a written contractual agreement. We are simply being asked to interpret the plain language of the agreement. The current owner of B and C does not need to relinquish any part of his property to create a new access. The very fact that he can, whether he chooses to do so or not, releases the original easement over parcel A. It is the availability and not the actual use which releases the original easement.

    And from a practical standpoint, a fifteen foot wide access easement is of little use today except as a bargaining chip.

    For the OP, I'll go back to my original post on this topic and suggest that you will need to get an attorney on this, unless the owner of the fifteen foot easement will voluntarily surrender it when asked.

  7. #7
    Join Date
    Jan 2006
    Posts
    28,078

    Default Re: Landlocked Property Granted Egress Easement, No Longer Landlocked

    and please post any results. I am quite interested in hearing how this is resolved.



    and the lesson learned here is to not unintentionally merge two properties that would have an unintended and undesirable resulting action.

    Sharing the title of only one of the parcels with another person would have prevented the merge that most likely has cause the original easement to become extinguishable.

  8. #8
    Join Date
    Aug 2010
    Posts
    3

    Lightbulb Re: Landlocked Property Granted Egress Easement, No Longer Landlocked

    I thank you all for your input. I am currently travelling and will be pursuing this matter in a few weeks. I will post any updates on the situation.

    1. Sponsored Links
       

Similar Threads

  1. Easement of Landlocked Property
    By Joyce Calcote in forum Easement and Right of Way Law
    Replies: 1
    Last Post: 12-28-2010, 08:12 PM
  2. How to Get an Easement for Landlocked Property
    By sickofit4manyreasons in forum Easement and Right of Way Law
    Replies: 7
    Last Post: 08-05-2010, 03:09 PM
  3. Taking Back a Right of Way to Property That's No Longer Landlocked
    By Joseph Miles in forum Easement and Right of Way Law
    Replies: 4
    Last Post: 01-15-2010, 08:58 AM
  4. If Property is No Longer Landlocked Can the Easement Still Be Used
    By kilsythian in forum Easement and Right of Way Law
    Replies: 2
    Last Post: 06-28-2009, 02:12 PM
  5. Liability For Right-Of-Way Easement To Landlocked Property
    By Kristy123 in forum Easement and Right of Way Law
    Replies: 2
    Last Post: 06-21-2007, 07:38 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Easement Forms
Instantly download professional easement forms for all states.




Untitled Document