Does an easement flow with the property?

[Tammy_b]

Hello

I own a piece of property whose previous owner was granted an easement. His deed stated where the easement was, but did not specify for what purpose the easement was granted. Does the easement, which was being used for ingress, egress and installation of utilities, and is now being blocked by the property owners, flow with the land? Is there case law that I can look up? I want to take this person to court, but I want to know what my legal standing is first.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[nextwife]

Hello

I own a piece of property whose previous owner was granted an easement. His deed stated where the easement was, but did not specify for what purpose the easement was granted. Does the easement, which was being used for ingress, egress and installation of utilities, and is now being blocked by the property owners, flow with the land? Is there case law that I can look up? I want to take this person to court, but I want to know what my legal standing is first.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

Read the easement language. While most easements run in perptuity, I have seen easements created of limited duration or use, or that cease upon a subsequent sale..

So read exactly what YOUR easements states.

 

[Tammy_b]

No expiration date in easement

The deed simply states that the easement is granted to "John Doe" and his wife. It doesn't have any expiration date, but it also doesn't state that it passes to any assignees etc. If it doesn't explicitly state that there would be an end to the easement, doesn't common law assume that it runs with the land?

 

[seniorjudge]

Hello

I own a piece of property whose previous owner was granted an easement. His deed stated where the easement was, but did not specify for what purpose the easement was granted. Does the easement, which was being used for ingress, egress and installation of utilities, and is now being blocked by the property owners, flow with the land? Is there case law that I can look up? I want to take this person to court, but I want to know what my legal standing is first.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

US law only!

 

[Tammy_b]

What does that mean "US law only". Of course I am interested in US law, since this is the US, however, cases such as these are very often determined by case law, which is steeped in common law. I'm not asking anyone to research this for me, I'm just wondering if anyone has had a similar case, and how it turned out for them.

Thank you in advance.

 

[tranquility]

The state is important. Put it in your post.

The question nextwife asked was what the easement said *exactly* and you summarized it. Your selection of the important parts does not allow people who know any chance to make a determination.

It is unusual to give an easement to a person which is what would be the determination based on your limited facts.

 

[HomeGuru]

What does that mean "US law only". Of course I am interested in US law, since this is the US, however, cases such as these are very often determined by case law, which is steeped in common law. I'm not asking anyone to research this for me, I'm just wondering if anyone has had a similar case, and how it turned out for them.

Thank you in advance.

**A: huh? You were asking for research. In your first posting you asked for case law that you could look up.

 

[Tammy_b]

I'm sorry for any confusion. My state is Florida. The easement was granted in a warranty deed. The deed states that the grantor grants to said grantee, and heirs and assigns . . .That property as per schedule A . . ."Together with an easement 40 feet in width across the west half of the parcel, which is being retained by the grantees. The center line of the easement shall be . . ." and it simply describes where the easement is located. The grantor now contends that the easement was intended for the person who purchased the property from her, and we have no right to it. Will a judge take her side because she's a sympathetic elderly person, and the law tries to go with original intent, or is the wording in my favor?

 

[seniorjudge]

If there is no limiting language in the easement (big if), then you can use the easement.

The lawyer you hire for this lawsuit will explain it in more detail.

 

[HomeGuru]

If there is no limiting language in the easement (big if), then you can use the easement.

The lawyer you hire for this lawsuit will explain it in more detail.

**A: ah, good one......the lawyer.

 

[Tammy_b]

Thank you all for the advice. Here's the problem I have with my lawyer . . . She was hired over 6 months ago and was given a $1000 retainer. At the initial consultation we gave her all relevant information, along with a copy of our title abstract. She insisted on ordering another title search, at a cost of $600, and used the remainder of the retainer, plus another $500 ,reading over the abstract and calling us with questions we had already answered. Then we were told that "the sky is the limit" when we asked her how much it jwould cost to take these people to court. She never even sent them a letter!!!!
So . . .I'll be trying my luck pro se. If anyone reading this is in Florida and interested in taking the case, feel free to contact me.

 

[seniorjudge]

Thank you all for the advice. Here's the problem I have with my lawyer . . . She was hired over 6 months ago and was given a $1000 retainer. At the initial consultation we gave her all relevant information, along with a copy of our title abstract. She insisted on ordering another title search, at a cost of $600, and used the remainder of the retainer, plus another $500 ,reading over the abstract and calling us with questions we had already answered. Then we were told that "the sky is the limit" when we asked her how much it jwould cost to take these people to court. She never even sent them a letter!!!!
So . . .I'll be trying my luck pro se. If anyone reading this is in Florida and interested in taking the case, feel free to contact me.

These charges seem reasonable.

And the attorney was correct in her assessment of the costs.

These are quite convoluted cases, not easily solved.

 

[154NH773]

The deed states that the grantor grants to said grantee, and heirs and assigns . . .That property as per schedule A . . ."Together with an easement 40 feet in width across the west half of the parcel, which is being retained by the grantees.

It seems like the grantor of the property you now own, granted the easement to your predecessor in deed, his heirs and assigns. You are his "assigns." It would be very unlikely that a court would take away your easement rights. Most easements are appertanent to the deed, meaning that they continue with the land. It would have to be very clear and unambiguous in the deed if it was only meant to be granted to your predecessor. If the deed does not spell out the uses allowed, most courts would allow any reasonable use.

You can probably ask the court to determine the rights of the parties to the easement. I have done it pro se in NH. It is called a Quiet Title action, and is brought in a court that has the right to determine title. In NH that is the Superior Court, not Small Claims. Do some research, and ask your lawyer what her plan of action is. If it seems reasonable, maybe you could follow that same plan yourself.