Any Land/Easement lawyers or at least internet experts?

[scott123456789]

Looking at a piece of property that is accessible by easement. I’ve included the wording from the deed for the easement. My question is if the property is sub divided, does the easement grant access to the new owners?

“Property, together with the perpetual non-exclusive uninterrupted right and privilege to use the easement for passage, roadway, or utility purposes over and across easement #2 listed in attached document.”


The easement wraps around the property so if it were sub divided all pieces would have access to the easement.

[curtintex]

PM Grayson. He’s my “go-to” real estate lawyer. Many on TBH will tell you the same.


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[DUKFVR]

Talk with The Crippler on here. Wes is Good folks!

[J Wales]

You are asking a very good question, and have received two good suggestions. This can be a grey area with the way most easements are worded, and is definitely a potential cause for litigation. The person whose land the easement crosses may not be happy if the easement going to one tract of land ends up providing access for 5 smaller tracts, or 50... Whether you are buying or selling, it will be worth your while to pay a knowledgeable attorney to review the documents.

[scott123456789]

I thought membership to TBH excused bar legal requirements. Trying to get a little insight prior to ponying up for a lawyer.

[TKRanch]

Access easements must be totally understood for each property to be safe. Sometimes the deed will have contradictory statements within the deed itself as well. Also be aware that some financial insitutions are sketchy on lending when an easement is the only access. Good luck!

[curtintex]

I thought membership to TBH excused bar legal requirements. Trying to get a little insight prior to ponying up for a lawyer.

I’m a member of the bar. Hell, I’m a member of several bars.


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[DUKFVR]

i’m a member of the bar. Hell, i’m a member of several bars.


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lol!!:d

[J Wales]

I thought membership to TBH excused bar legal requirements. Trying to get a little insight prior to ponying up for a lawyer.

I completely understand, but there is just not enough there to tell you one way or another. I'm sure you'll get some opinions here soon, but nobody worth getting advice from can give you advice worth getting without reviewing all of the relevant documents.

No offense meant to the rest of the local bar

[BrianL]

Easements are one of those pony up for real professional opinion items. They can get messy and gray fast.

[sqiggy]

I thought membership to TBH excused bar legal requirements. Trying to get a little insight prior to ponying up for a lawyer.

If you are seriously considering buy this place, you’re gonna have to pony up anyways!!!
My place has a easement. There is another tract (100 acres) that also has a easement down our private road. When it sold, the easement went with new owners. But to answer your question, I just don’t know.

[scott123456789]

Seems pretty clear the easement would transfer based on the deed but the million dollar question is, are all sub owners of the property entitled to easement access or would that have to occur directly on the parcel.