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  1. #1
    Join Date
    May 2011
    Posts
    1

    Default Using an Old Right-Of-Way with No Location Specified

    My question involves an easement in the state of: California

    I'm considering purchasing a property that has no roads to it (very difficult access, expensive but feasible). I'm going to consult a real estate attorney before making the final purchase decision, but want to do as much leg-work as possible beforehand.

    The buyer says the deed that created the parcel a hundred years ago includes a statement to the effect of "access to the parcel will be through the parcel to the west", but no statements of where the right-of-way passes. I'm retrieving these documents from the county to verify.

    1) What should I be looking for in the county records?
    2) What's generally involved in getting a right-of-way included in a deed recorded as a "normal" easement? Or does inclusion in the deed count as "recorded"?
    3) Does a situation like this generally require court proceedings, or is it more administrative?
    4) I want a good relationship with neighbors, and I'd hate to start the relationship by asserting a claim they weren't aware of.... a right-of-way recorded in a deed should have been found by their title search, right?
    5) If the location of the right-of-way is not specified, what does this mean? Will I be able to determine the location to increase the feasibility of the project (e.g. part of the canyon is narrower) or will the burdened parcel get to chose the location? Or?

    Thanks!!

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Using an Old Right-Of-Way with No Location Specified

    Quote Quoting ranknullity
    View Post
    My question involves an easement in the state of: California

    I'm considering purchasing a property that has no roads to it (very difficult access, expensive but feasible). I'm going to consult a real estate attorney before making the final purchase decision, but want to do as much leg-work as possible beforehand.

    The buyer says the deed that created the parcel a hundred years ago includes a statement to the effect of "access to the parcel will be through the parcel to the west", but no statements of where the right-of-way passes. I'm retrieving these documents from the county to verify.

    1) What should I be looking for in the county records?
    2) What's generally involved in getting a right-of-way included in a deed recorded as a "normal" easement? Or does inclusion in the deed count as "recorded"?
    3) Does a situation like this generally require court proceedings, or is it more administrative?
    4) I want a good relationship with neighbors, and I'd hate to start the relationship by asserting a claim they weren't aware of.... a right-of-way recorded in a deed should have been found by their title search, right?
    5) If the location of the right-of-way is not specified, what does this mean? Will I be able to determine the location to increase the feasibility of the project (e.g. part of the canyon is narrower) or will the burdened parcel get to chose the location? Or?

    Thanks!!
    You need to consult a local real estate attorney on this one.

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