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  1. #1
    Join Date
    Jul 2009
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    12

    Default 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.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default 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.

    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.

  3. #3
    Join Date
    Oct 2007
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    Ohio
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    Default 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.

  4. #4
    Join Date
    Jul 2009
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    12

    Default 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?

  5. #5
    Join Date
    Jan 2006
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    Default 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.

  6. #6
    Join Date
    Jul 2009
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    12

    Default 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?

  7. #7
    Join Date
    Jan 2006
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    38,867

    Default Re: Definition of "Grantor" in Subsequent Sales

    Does that make sense?
    No.

    there is only 1 grantor and 1 grantee. Subsequent owners of the land are not grantors or grantees.


    "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.

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