Re: Determining if an Easment Exists and Can Be Transferred
The "described below" entry on the deed was manually crossed out and witnessed by a notary several days after the deed was recorded.
once a deed is recorded, it is not subject to alteration, especially by some action such as you describe. It actually is not subject to change in such a manner once it is delivered to the grantee unless the grantee allows it and the grantor allows it. If that would be the case, a new deed really should be written if such a change like that is desired.
Once the deed is recorded, it's a matter of public record. Generally to make such changes once a deed is recorded, either a corrected deed is also recorded or a separate deed transferring the involved property back to the grantor or such so the end product is what was intended in the original deed would happen
the only thought I have on that is that it was considered a corrected deed and registered as such. That is something you would have to research if you want to get that deep into it.
sure, for exactly what is described which, accepting the crossing out of information is somehow valid, nothing.
1. Is there an express easement by virtue of the language that was not crossed out on the deed?
yes but it would likely be expensive and not a winning one. As you were told, the prior owner of the property was given permissive use of the current drive. Permission can be revoked.
2. If not, can a case be made for an implied easement?
dispute? what dispute? There is no easement so title insurance is not going to pay for you to fight for one.
3. Would title insurance cover easement disputes?
if there was an easement issue, you would want to address it prior to the offer. There is no easement issue here other than one you are attempting to make.
4. Are easement issues a valid reason to lower an offer to purchase? (This is a Freddie Mac house)
anywhere from very little time, almost no energy, no money, and little pain to a lifetime, all one has, more than I have earned in my life, and figuratively more pain than I ever care to experience.
5. How much time, energy, money, pain are easement disputes typically?
There is no typical. Each situation is different from every other situation due to the human factor.
until/unless you own the house; none. Once you own the house, heading to court is the remedy, or at least where to seek the remedy. From what you have said, it will cost you a lot of money to find out you lost.
6. What if farmhouse B owner puts up gate, fence, etc.? What are my remedies?
Here is the killer: since A fronts the road, there is little to no chance of forcing an easement allowed. Especially since the use of what you see as an easement was an easement in gross or license, and due to the road frontage, you have no argument to demand an easement.
She wants new owner of farmhouse A to put in new driveway (could be done-house fronts road, but would be ugly and expensive).
the only argument I see as a possibility is the recorded deed, with the crossed out information, is not valid and the information that is crossed out is enforceable. I see a lawyer buying a new boat and maybe even the cabin on the shore with the proceeds from that argument.
If you aren't interested in that road, presume you will have to put in your own drive where it would be ugly and expensive.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.