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  1. #11
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    Nov 2013
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    Default Re: Can Land Quit Claimed to a Utility Company Later Be Sold As Part of a New Lot

    Quote Quoting necromancer
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    The easement roads were quitclaimed and recorded in 1914, there were no lots back then it was a 30 acre citrus farm. My deed says I have easement rights, my title company says the same thing. My deed and house were from the original owner who painstakingly made sure with 4 pages that who ever owned this lot could access the very long back yard. So they said they are setting aside 2 pieces of land and for one dollar quitclaim deeding the two pieces to the sierra electric company to have and to hold for purposes of access ingress / egress to install electric lines poles telegraph etc it's goes on and on but its very explicit about it passing on to their successors and assigns never to be abandoned. forever to remain access roads.
    After they recorded all that I wouldnt think they could be included in a sibdivision 30 years later for sale, and I dont thin k they were. I found some assessors dovuments from the 40's saying my neighbors lot was 115 x 112 but one in 1962 saying its 115 x 115 and since everything pre 1958 was archived and on microfish. I think they rewrote the dimensions inaccurately. I mean how can you sell land that was quitclaim deeded to someone else?
    What is clear is that the quit claim deed did not transfer land but the right to use the land (an easement).


    So they said they are setting aside 2 pieces of land and for one dollar quitclaim deeding the two pieces to the sierra electric company to have and to hold for purposes of access ingress / egress to install electric lines poles telegraph etc it's goes on and on but its very explicit about it passing on to their successors and assigns never to be abandoned. forever to remain access roads.
    That is an easement and not a transfer of land ownership. The easement is appurtenant (goes with the land) to the property. But the land can be sold and the easement goes with the land. The easement is not what is being sold.

    Where in your deeds does it say you also are a dominant estate? It's clear the utility can use the roads in perpetuity (and so can their successors) but where in the chain of titles does it say you also can use the easements?

  2. #12
    Join Date
    Aug 2019
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    8

    Default Re: Can Land Quit Claimed to a Utility Company Later Be Sold As Part of a New Lot

    Quote Quoting adjusterjack
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    The how is explained by the did.

    But that's not the point of your story. If you have recorded evidence that you have an easement to the back of your property and your neighbor has blocked it the solution is to sue him and get the court to order him to restore the easement.

    Why didn't your lawyer do that for the $5000 that you paid him?
    That's a good question, and also why he got fired. I've reported him to the bar and will take him to small claims, for legal malpractice, his legal council got me a lien on my house. and hopefully recoup some losses there.

    I'm trying to get things accomplished now with no funds left. I'm not looking for legal advice from the county assessor, I have a recorded map and a few other documents from the archives showing a discrepancy in their data and want it rectified. I was just wondering if I made them aware their archives show different data if they were obligated to fix the problem.

    My plan now since this whole ordeal has cost me 10's of thousands and I no longer can obtain legal council is to avail myself of free legal aid (county) and advice (here) report my neighbor to the county for 4 or 5 code violations the wall he built created, they have to make him tear it down. he has blocked off the electric company from the pole in my back yard as well. Then take both my neighbor and the lawyer to small claims court.
    I am a dogged researcher, I have accumulated tons of evidence and documents validating my position and claim, I'm just trying to familiarize myself as much as I can about real estate law,so I dont get caught with my pants down.

    Hopefully another trip to the archives will give me what I need to prove the owners back in 1924 quitclaim deeded the land to the utility company in perpetuity. I believe since it doesnt show as acreage taxed after that it was a public dedication, which I believe means no one could then sell it, not even the utility company. No warranty deed is found and if I'm right the microfiche from the 1920's recorded subdivision will show his lot cant and didnt include the road.
    I was just throwing it out there to see if my thinking was legit, from what I've read if the land was publicly dedicated to the utility company with only a quitclaim deed, no one can legitimately then sell it

    Quote Quoting budwad
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    What is clear is that the quit claim deed did not transfer land but the right to use the land (an easement).




    That is an easement and not a transfer of land ownership. The easement is appurtenant (goes with the land) to the property. But the land can be sold and the easement goes with the land. The easement is not what is being sold.

    Where in your deeds does it say you also are a dominant estate? It's clear the utility can use the roads in perpetuity (and so can their successors) but where in the chain of titles does it say you also can use the easements?
    The language is very explicit stating "The Sierra Electric Company a corporation duly authorized to have and to hold and possess property in the state of California. do by these presents grant.convey and confirm unto the party of the second part it's successors and assigns too have and to hold said property and convey right of way forever. Subject nevertheless to the following express conditions."
    (that's verbatim)
    Then it lists restrictions like only to be used for normal business operations etc... including said right of way shall always be open to the party of the first part (the owners) its heirs and assigns for agricultural purposes ingress and egress and for such other uses and purposes as long as it doesnt interfere with the party of the second parts proper uses.

    My house and land are the successor, the land in question was removed from their taxable property afterwards this was recorded to the county assessor 1914

  3. #13
    Join Date
    Nov 2013
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    6,699

    Default Re: Can Land Quit Claimed to a Utility Company Later Be Sold As Part of a New Lot

    Quote Quoting necromancer
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    The language is very explicit stating "The Sierra Electric Company a corporation duly authorized to have and to hold and possess property in the state of California. do by these presents grant.convey and confirm unto the party of the second part it's successors and assigns too have and to hold said property and convey right of way forever. Subject nevertheless to the following express conditions."
    (that's verbatim)

    Then it lists restrictions like only to be used for normal business operations etc... including said right of way shall always be open to the party of the first part (the owners) its heirs and assigns for agricultural purposes ingress and egress and for such other uses and purposes as long as it doesnt interfere with the party of the second parts proper uses.

    My house and land are the successor, the land in question was removed from their taxable property afterwards this was recorded to the county assessor 1914
    You may go on thinking that the Sierra Electric Company acquired land but in my opinion (from what you have quoted from the deed), they acquired an easement across land for the purposes to have and to hold for purposes of access ingress / egress to install electric lines poles telegraph etc. That is an easement not a land transfer. It says that they are conveying a right of way appurtenant (forever). Meaning that the easement will always exist where it was on the property when it was granted no matter who owns the property it is on.

    When there is an express grant of an easement, there is the dominant estate (the utility) and the serveant estate (the property owner over whose land the easement crosses ). None of that changes if the property is later subdivided. The easement will still remain with the same dominant and serveant estates. The easement runs with the land and not the person that owns the property. So no matter how many times the property is subdivide or how many owners there are in the chain of title, the easement remains on the property with the same dominant and servient estates.

    Then it lists restrictions like only to be used for normal business operations etc... including said right of way shall always be open to the party of the first part (the owners) its heirs and assigns for agricultural purposes ingress and egress and for such other uses and purposes as long as it doesn't interfere with the party of the second parts proper uses.
    The party of the first part is the serviant estate(on whose land the easement is on). It says that the grantor can use the property for anything it wants to use it for as long as it doesn't impede the use by the dominant estate(the grantee or in this case the utility).

    I'm not clear on what you mean when you say your property is the successor. But if by that you mean that a portion of the easement is on your property, then you can certainly use that portion for anything you want as long a it doesn't impede the use by the utility. But if that portion of the easement that you need to access your shop is not on your property, then IMO you have no right to use the easement that crosses your neighbor's property because you are not the dominant estate.

    However, with all being said, the history of when the subdivision was done and when you built your shop may have some importance as to what right you have to use the entire easement.

    Frankly, this is not a DIY project but since you hired a deadbeat lawyer that didn't know squat about easement law and you are out of money, I suggest you go to Google Scholar and start reading case law for your state to understand what the common law is.

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