Definition of "Grantor" in Subsequent Sales
The property in question is in Georgia.
I own Lot ## below. The lot in question is adjacent to mine and accessed solely by the easement. The legal description of Lot ## includes the following as the last statement:
"THIS CONVEYANCE IS SUBJECT TO, AND GRANTOR HEREBY RESERVES FOR HIMSELF, HIS HEIRS AND ASSIGNS, A 15-FOOT EASEMENT FOR INGRESS AND EGRESS ACROSS LOT ##, AS SHOWN ON THE ABOVE-REFERENCE PLAT."
My question is this: Who is the grantor? The person who sold it to me? The person who originally owned Lot ##? All of the above? The original owner is considering selling the (obviously) land-locked parcel to which this easement provides access to an undesirable, which would affect my property value. This has the potential to become contentious. I would be willing to buy the land-locked property but this issue will affect the value of both properties.
Thanks in advance for your help.
Re: Definition of "Grantor" in Subsequent Sales
the grantor is the original person to grant an easement to the grantee.
what is sounds like is one person owned both lots at one time, or they may have even been 1 lot split into 2 lots. That person was actually both the grantor and the grantee. The words " reserve for myself etc." would indicate he owned that lot and when he sold it, he created the easement so he would be able to access the lot he retained.
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I would be willing to buy the land-locked property but this issue will affect the value of both properties.
then you had better step up and offer to purchase this other lot. There is nothing you can do to extinguish the easement.
Re: Definition of "Grantor" in Subsequent Sales
If you are reading from your deed, the Grantor is the person who sold it to you and that person is named in the deed as the Grantor and you are named as the Grantee.
Re: Definition of "Grantor" in Subsequent Sales
jk is right, the original owner owned both lots at one time. However, since that time, he has retained ownership of the landlocked lot, and sold the one with the easement. I bought it from the second owner. If I understand you correctly, LandSurveyor, the second owner is now the Grantor and I am the Grantee. The original owner is no longer involved in the easement agreement. Is that right?
Re: Definition of "Grantor" in Subsequent Sales
there is only one grantor and that is the person who granted the easement to the grantee. The guy that owned both lots is both.
He granted the easement to himself.
there are no subsequent grantors or grantees. Only the original parties are involved.
Re: Definition of "Grantor" in Subsequent Sales
I'm trying to understand my position here . . . There is no language ("in perpetuity", etc) in the deed to make this easement survive a subsequent deed for the original grantor.
He was not involved in the transaction between myself and the second owner. His name is no longer on the deed. How can the original owner have any rights to the easement in a deed in which he was not involved?
I understand jk's point that according to the deed, the grantor is also the grantee, because he is granting it to himself. My reading is that the second owner is now the grantor and grantee. Does that make sense?
Re: Definition of "Grantor" in Subsequent Sales
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Does that make sense?
No.
there is only 1 grantor and 1 grantee. Subsequent owners of the land are not grantors or grantees.
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"THIS CONVEYANCE IS SUBJECT TO, AND GRANTOR HEREBY RESERVES FOR HIMSELF, HIS HEIRS AND ASSIGNS, A 15-FOOT EASEMENT FOR INGRESS AND EGRESS ACROSS LOT ##, AS SHOWN ON THE ABOVE-REFERENCE PLAT."
See the bolded part? That means (specifically the "assigns" term), all subsequent purchasers of the land are "assigns" and are bound by that easement grant.
Re: Definition of "Grantor" in Subsequent Sales
Thanks for all the input. I actually decided to spend some money with an experienced real estate lawyer, and here's the legal opinion in Georgia:
Easements granted survive any change of ownership of the property, unless extinguished. So, in my case, the original owner still has the easement, along with the second owner, along with any subsequent owners if the language remains in the legal description of the property and is not extinguished by a quit claim deed from each (or is abandoned [not used] for some undefined significant amount of time, like 20 yrs).
It just doesn't seem right that people who were not a party to my transaction have rights to my land that I did not explicitly grant, but that's the way it is.
Thanks for all of your help.
Re: Definition of "Grantor" in Subsequent Sales
You granted the use when you purchased the land subject to the easement. If you were not aware of the easement, shame on you for failing to do your due diligence and investigating any such encumbrances or encroachments onto property you intend to purchase.
btw; what you repeated sounds an awful lot like what I told you.:)
whoops, I didn't tell you this part though:
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if the language remains in the legal description of the property
because it isn't true. An easement will continue until such time it is extinguished. If it is not included in a subsequent deed, that does not void the original grant. You take the property subject to all encroachments and documents of public record and an easement, when an actual easement, is recorded in the public records.
simply leaving it out of a subsequent deed will not extinguish the easement.
time for a refund from the attorney.
Re: Definition of "Grantor" in Subsequent Sales
Yes, jk, your answers were similar, for which I thanked you.
What I wrote is completely true. My point in leaving the language out of subsequent deeds was not to extinguish the easement, but simply not adding any more grantees. If the language remains, another grantee (the seller) is added each time the property is sold. All previous grantees would remain until extinguished.