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  1. #1
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    Jul 2009
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    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?

  2. #2
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    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.

  3. #3
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    Default Re: Definition of "Grantor" in Subsequent Sales

    Thanks for all the input. I actually decided to spend some money with an experienced real estate lawyer, and here's the legal opinion in Georgia:

    Easements granted survive any change of ownership of the property, unless extinguished. So, in my case, the original owner still has the easement, along with the second owner, along with any subsequent owners if the language remains in the legal description of the property and is not extinguished by a quit claim deed from each (or is abandoned [not used] for some undefined significant amount of time, like 20 yrs).

    It just doesn't seem right that people who were not a party to my transaction have rights to my land that I did not explicitly grant, but that's the way it is.

    Thanks for all of your help.

  4. #4
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    Default Re: Definition of "Grantor" in Subsequent Sales

    You granted the use when you purchased the land subject to the easement. If you were not aware of the easement, shame on you for failing to do your due diligence and investigating any such encumbrances or encroachments onto property you intend to purchase.


    btw; what you repeated sounds an awful lot like what I told you.

    whoops, I didn't tell you this part though:

    if the language remains in the legal description of the property
    because it isn't true. An easement will continue until such time it is extinguished. If it is not included in a subsequent deed, that does not void the original grant. You take the property subject to all encroachments and documents of public record and an easement, when an actual easement, is recorded in the public records.

    simply leaving it out of a subsequent deed will not extinguish the easement.

    time for a refund from the attorney.

  5. #5
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    Default Re: Definition of "Grantor" in Subsequent Sales

    Yes, jk, your answers were similar, for which I thanked you.

    What I wrote is completely true. My point in leaving the language out of subsequent deeds was not to extinguish the easement, but simply not adding any more grantees. If the language remains, another grantee (the seller) is added each time the property is sold. All previous grantees would remain until extinguished.

  6. #6
    Join Date
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    Default Re: Definition of "Grantor" in Subsequent Sales

    simply leaving it out of a subsequent deed will not extinguish the easement.
    and that is because the easement is an appurtenance to the real property, and passes with it when conveyed. It is conveyed in the same manner as the property it is appurtenant to whether it is mentioned or not.

    Only easements in gross attach to persons, and are not usually transferable.

    I am unaware of any concept which would expand the ownership of an appurtenant easement each time the dominant tenancy is transferred.

  7. #7
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    Default Re: Definition of "Grantor" in Subsequent Sales

    Quote Quoting drmikec
    View Post
    Yes, jk, your answers were similar, for which I thanked you.

    What I wrote is completely true. My point in leaving the language out of subsequent deeds was not to extinguish the easement, but simply not adding any more grantees. If the language remains, another grantee (the seller) is added each time the property is sold. All previous grantees would remain until extinguished.
    no.

    you are not adding grantees nor grantors. The easement is already in existence so, as a seller, you are not granting anything to anybody concerning the current easement. It is attached to the property and you do not have the right to alter such an attachment unilaterally.



    How it is often worded is:

    property is subject to easement(s) .....

    and at this point, the easement(s) can either be listed specifically, by reference to a previous deed, or simply use the term; of public record.

    or a several other methods of giving notice although it is not required at all. One reason being is that when you deed a property to another, you can only deed whatever rights you have to that property. Since there is an easement limiting the current owners rights to use of the easement, that is all you can convey as well. It would be impossible for you to grant an interest greater than what you possess.

    this is one reason a title search is a great idea. It will uncover such attachments that may have not been mentioned in the most recent deeds.

    the only way you would be a grantor, is if you included something different that what the original easement covered. Other than that, you are simply an assignee reassigning your interests in the property.

    So, in my case, the original owner still has the easement, along with the second owner, along with any subsequent owners if the language remains in the legal description of the property and is not extinguished by a quit claim deed from each (or is abandoned [not used] for some undefined significant amount of time, like 20 yrs).
    No. Only the current owner has rights to the easement. Unless a subsequent seller reserved his rights to the easement, when he transfers title, he loses any rights to the easement. This is what the grantor did.

    I don't know where you are seeing a need for QC deed to seperately transfer the rights to the easement. It is all taken care of through the one deed that is used to transfer the property.

    and as far as the easement being extinguished by abandonment; that is a basis to seek the termination of the easement but a court is the only entity that has the right to terminated the easement for that reason. Until such time the servient tenant sued to extinguish the easement, and is granted his action, the easement is always there.

  8. #8
    Join Date
    Jul 2009
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    Default Re: Definition of "Grantor" in Subsequent Sales

    I guess I just don't follow the logic; please excuse my confusion. I really appreciate your patience.

    Quote Quoting jk
    View Post
    No. Only the current owner has rights to the easement. Unless a subsequent seller reserved his rights to the easement, when he transfers title, he loses any rights to the easement. This is what the grantor did.
    You said earlier that only the original owner (first "Grantor) has rights to the easement, which he granted to himself.

    Quote Quoting jk
    View Post
    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 understand that, even though I don't like it, and this agrees with what the lawyer told me. Now you say only the current owner has rights to the easement??? Just to refresh the thread, here is the original language:

    Quote Quoting drmikec
    View Post
    "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."

    Let me present the situation using names. Adam acquired the property via a quit claim deed from his mother, divided it into lots, and placed it on the market.

    Bob bought the lot in question, with the above easement in the legal description. This is the first time the easement has appeared in the legal description.

    Bob sold the lot to Charlie, with the language in the legal description on the deed unchanged, and Charlie currently owns the property. Charlie's lawyer said that Adam still has rights to the easement, and so does Bob since the language remained when Bob sold it (or because he is one of Adam's "assigns", it doesn't matter). Charlie doesn't care about Bob, but Adam is trying to be a big problem. I fear Adam has rights to the easement, Bob may or may not, and there's not much Charlie can do about it. Do you agree?

    Quote Quoting jk
    View Post
    I don't know where you are seeing a need for QC deed to seperately transfer the rights to the easement. It is all taken care of through the one deed that is used to transfer the property.

    The QC deed was to extinguish the easement without transferring the property.

    Thanks so much for your help, jk. I would be interested in others' opinions, also.

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