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  1. #1
    Join Date
    Oct 2007
    Posts
    27

    Default Who Drafts the Deed Conveying an Easement

    My question involves an easement in the state of:

    New Jersey

    I have a piece of property that on one side is state highway, and another a municipal road. It meets the size for subdivision and I'd like to "cut off" the rear part of the lot that does not have access to the municipal road. Access to the property would be along the state highway. I have been granted state highway access for what would be the rear lot (NJDOT MT-32 approved).

    The city requires the use of city water/sewer that in order for the rear lot to gain access would require a easement on the front lot. The water/sewer lines are on the municipal road. Someone at the city said just put out a 10' water and sewer easement on the front lot. It would run on the side of the front lot, along the neighbors lot, and end at the property line of the "new" lot. I believe utilities can be obtained from poles along the highway for the "rear" lot.

    Question: A licensed surveyor / engineer must prepare the actual plans. Does he typically prepare the requirements for the text for the deed, or does it require an attorney? The easement goes on the deed for the front lot or both?

    For cost, i'm trying to keep this to between the surveyor and I. I've done a variance before and this isn't too much more difficult. From what i can tell the big difference is the plans require a Surveyor/Engineer license. I'm an engineer myself but not civil. The deed wording is the only item i'm not so sure about.

    Generic text for an easement would be appreciated.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Who Drafts the Deed Conveying an Easement

    I expect that your surveyor will provide you with information, such as the legal description you would included in a deed conveying an easement, but that they won't actually draft the deed for you. It is possible that they associate with real estate professional who will provide drafting services. You won't know until you ask them.

    It looks like New Jersey is one of the more restrictive states when it comes to defining the drafting of a deed as the practice of law, although I'm not finding a clear statement of the parameters of their rule.

  3. #3
    Join Date
    Aug 2010
    Location
    Maine
    Posts
    206

    Default Re: Who Drafts the Deed Conveying an Easement

    I can't speak to NJ specifically, but in general surveyors can only draft the portion of the deed which describes the boundaries of the property; ie the description. Attorneys then take that description and insert it into the deed along with the habendum clause, etc etc.

    I realize you are trying to keep costs down, but an attorney is a powerful asset to have when drafting an easement. They tend to spot things in deeds which relinquish more of your rights than are needed. I highly recommend consulting with one in this case.

  4. #4
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Who Drafts the Deed Conveying an Easement

    I can't say about NJ, but here in NYC where I am, they have cracked down on "non lawyers" preparing and filing deeds.

    And it's not because deeds are done wrong, in fact, many non lawyer deeds done by scammers are good enough that they go and file bogus deeds, and no one can tell the difference. About half a block from me, some 93 year old senior residing in a nursing home still owns his mortgage free property. Somehow, a fraudster had herself added to his deed, claiming to be his daughter, filed and recorded it, then took out a $250,000 mortgage from the Bank of America and promptly dissappeared.

    Fortunately for this senior, the fraudster did not sell the property, the fraud was discovered early on soon after after when no one made any mortgage payments. After an investigation, the Bank of America just cancelled the mortgage and took the loss, with the senior keeping his home. It said in many other cases, people lost their homes. When I read the story in the local paper, it was mentioned that local offices recording deeds are now reluctant to accept deeds prepared by non lawyers, and special procedures are put in place in these instances to prevent fraud, though what these are, the story didn't say. Maybe they don't want to give fraudsters useful tips. It mentioned there are rarely frauds of this type involved with deeds prepared by real lawyers.

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