Results 1 to 9 of 9
  1. #1
    Join Date
    Nov 2007
    Posts
    23

    Default Does an Easement Follow the Land or the Owners

    Does the easement follow the land or the owners?

    What if the easement was ignored and neglected by the purchasing party and then somehow "reinstated" several years later? Is it still valid?

    A piece of commercial property was sold to a couple with an easement. The property was foreclosed and retained by the bank. The easement was not recorded when the ownership was changed from the couple to the bank. Some years later, the property was then sold to another individual, and once again with no mention of the easement. That individual later sold the property to an investment group with once again, no easement. This was all in a span about 10-15 yrs.


    Our lawyer argued that there was no easement on that property, and that the original easement which was never recorded was only given to the current owners at that time therefore the easement was null and void. (easement made no clause for succession of the easement nor property)


    So my question is, can the easement exist? Was the judge correct in saying that it still exists?



    This is in Washington State.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Does an Easement Follow the Land or the Owners

    Are you stating that what you previously stated was claimed to be a prescriptive easement was in fact granted by deed, but either not recorded or only recently recorded?

  3. #3
    Join Date
    Nov 2007
    Posts
    23

    Default Re: Does an Easement Follow the Land or the Owners

    Quote Quoting aaron
    View Post
    Are you stating that what you previously stated was claimed to be a prescriptive easement was in fact granted by deed, but either not recorded or only recently recorded?
    no.

    this is a different matter. there are 3 parties involved. Initially it was an issue with the "expired" easement property (property c) but then the "parking" lot property (property b) got involved.


    this question is separate from the other posting.


    the other prescriptive claim has never been granted. they claim to have a prescriptive easement because they have been using the land longer than we have (we have had the property for a year longer than them) Also, the judge who presided over the initial break up of the property into 3 parcels stated that Property B (the one with the parking lot issue) was never to have any kind of easement on any of the parcels. We have also tried resolving this issue for over 7 yrs now quashing their claim that they have been using our property uncontested for over 10 yrs.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Does an Easement Follow the Land or the Owners

    Perhaps you can provide the facts, so that we can tell your cases apart.

  5. #5
    Join Date
    Nov 2007
    Posts
    23

    Default Re: Does an Easement Follow the Land or the Owners

    Quote Quoting aaron
    View Post
    Perhaps you can provide the facts, so that we can tell your cases apart.




    but for this post, I am strictly talking about Property C which has the "expired" easement.

    Why are we seeking to erase the easement? The owners of Property C has neglected the easement area. They have defaulted on several conditions of the original easement including but not limited to lack of maintenance of the easement area that has resulted in a cracked road and landslides (they claim they need this for pedestrian and emergency vehicle access.....land cannot accomodate large vehicles)

    Also, because they neglected to maintain this easement, we have fallen victim to vandalism, theft, and harassment.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Does an Easement Follow the Land or the Owners

    Quote Quoting Modena2004
    View Post

    Why are we seeking to erase the easement? The owners of Property C has neglected the easement area. They have defaulted on several conditions of the original easement including but not limited to lack of maintenance of the easement area that has resulted in a cracked road and landslides (they claim they need this for pedestrian and emergency vehicle access.....land cannot accomodate large vehicles)

    Also, because they neglected to maintain this easement, we have fallen victim to vandalism, theft, and harassment.
    You said the easement expired. Which is it?

    You claim there is no easement due to the fact it was not written as such and then you claim the neighbors are required to maintain the easement. You can't have it both ways.

    The instrument used to convey the interest would be the directing force as to it being an easment now or not and that, along with state laws and guidelines would direct who is required to maintain the easement.

  7. #7
    Join Date
    Nov 2007
    Posts
    23

    Default Re: Does an Easement Follow the Land or the Owners

    Quote Quoting jk
    View Post
    You said the easement expired. Which is it?

    You claim there is no easement due to the fact it was not written as such and then you claim the neighbors are required to maintain the easement. You can't have it both ways.

    The instrument used to convey the interest would be the directing force as to it being an easment now or not and that, along with state laws and guidelines would direct who is required to maintain the easement.
    please see my post above. I said there are 2 SEPARATE issues.


    There is property b who claims to have an easement. that is a separate issue. They do not in fact have any easement. regardless, that is not the issue I am talking about here.


    the one I am refering to in this post deals with a 3rd property (I call it property c) that did formerly have an easement years and years ago.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Does an Easement Follow the Land or the Owners

    I was speaking to this situation only.

    A piece of commercial property was sold to a couple with an easement.
    Our lawyer argued that there was no easement on that property, and that the original easement which was never recorded was only given to the current owners at that time therefore the easement was null and void. (easement made no clause for succession of the easement nor property
    What if the easement was ignored and neglected by the purchasing party and then somehow "reinstated" several years later?
    those are quotes of your posting in this thread. You seem to be confusing the 2 situations, not me.

    You claimed there is no <current> easement and then you gripe about neglect of the easement. I didn't make up your words.

    If there is an easement, there is a grant to give said easement. If it does not grant the easement to successive owners of the property in question, then it is actually a license to use the property and not an easement.

    What does the document actually state?

  9. #9
    Join Date
    Nov 2007
    Posts
    23

    Default Re: Does an Easement Follow the Land or the Owners

    Quote Quoting jk
    View Post
    I was speaking to this situation only.







    those are quotes of your posting in this thread. You seem to be confusing the 2 situations, not me.

    You claimed there is no <current> easement and then you gripe about neglect of the easement. I didn't make up your words.

    If there is an easement, there is a grant to give said easement. If it does not grant the easement to successive owners of the property in question, then it is actually a license to use the property and not an easement.

    What does the document actually state?


    let me clarify....


    griping came before we found out that there might possibly be no easement. We have been complaining about the lack of adherence to the easement terms for well over 7 yrs. Our lawyer found this out about the "expiration" of easement in his research in the past year. According to his words, there is no easement because the sale of the parcel left no means of granting successor owners to the easement. He also felt that the easement should be null because the owners afterwards never claimed the easement. The property had been titled twice without the easement attached. So according to the county, no easement existed. However, the judge ruled that it does exist.


    document just states what the easement was, and that the people who were given the easement had to abide by the terms of the easement or face litigation. Document states something to the fact of "....easement shall be given to Mr. John Doe at yada yada address for the purpose of...." It does not state, "....easement shall be granted to Mr. John Doe and all successors..." or "....easement shall be attached to this day forward on such said property"



    thanks

    1. Sponsored Links
       

Similar Threads

  1. Non-Exclusive Easement Rights by Two Property Owners
    By Bounty Hunter 23 in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 07-29-2011, 06:24 AM
  2. Personal Easement vs Easement That Runs with the Land
    By pineofgreen in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 02-13-2010, 05:30 PM
  3. When Does an Easement Run With the Land
    By crown79 in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 04-20-2009, 08:28 AM
  4. Land Easement in Texas
    By Sophia Fowler in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 09-23-2008, 06:22 AM
  5. Land locked with easement / right-of-way
    By merfoard in forum Real Estate Ownership and Title
    Replies: 5
    Last Post: 08-13-2006, 01:05 PM
 
 
Sponsored Links

Legal Help, Information and Resources