easement?

[carazyness]

What is the name of your state , Florida. Last year I purchased a 10 acre parcel in south Florida. According to its deeds there are no recorded or granted easements on the property of any type. not even for power phone etc. I have been having some issues with a neighbor who has made a drive way though the land about keeping the gate locked. After doing some research and having a survey done I discovered that in 1978 my parcel and the 5 acre parcel to the west where one piece. in 1983 they sold of the 10 acre parcel and recorded its title/deed the way it is today(both parcels have changed hands many times). In 1984 they re recorded the 5 acre parcel to include a 30 foot easement though what is now my 10 acre parcel. Can someone record easement through your land without your consent? If you look at both parcels from the air there is multiple shorter distances to get to county property/easements. the whole issue about this has came up because I have cattle on my land and they have rented a warehouse on there's and they refuse to shut the gate because it is not convenient. Can I just lock they gate and tell them to go around? If a sheriff shows up do i tell them there is no easement and they are trustpassing?
Thank you

 

[justalayman]

did you have a title search done by a qualified company prior to purchase?

I discovered that in 1978 my parcel and the 5 acre parcel to the west where one piece. in 1983 they sold of the 10 acre parcel and recorded its title/deed the way it is today(both parcels have changed hands many times). In 1984 they re recorded the 5 acre parcel to include a 30 foot easement though what is now my 10 acre parcel.

It sounds like the 5 acres was split back off the 10 acres in 1984. If so, there is no longer a 10 acre parcel but 2 5 acre parcels.

Due to the confusion in the splits and such, you really need to take this to a real estate lawyer who can read all the pertinent documents and give you an answer.

as to locking the gate: depends on what the easement grant states but if they have a valid easement, you most assuredly cannot prevent them from using their easement.

when you speak with that lawyer, have him review the document that created the easement to determine if you are allowed to install a gate. What is quite possible is that you may be allowed to install a gate, without locking it, but if the neighbor fails to close the gate, they may be liable for your cattle that escape.

any chance of installing a cattle crossing? Not real familiar with cows but it appeared those cattle crossings are very common out west so presumably they are effective.

 

[NC Aggie]

Well just because an easement wasn't referenced in your deed doesn't mean your neighbors don't have a recorded and legal easement. Did you have a title search performed prior to closing on the land?

 

[carazyness]

the property was 15 acres and split to 10 and 5 acre parcels. yes a title search and survey both have been done showing no such easements, Someone told me something about junior and senior rights? "old republic title'' is the title company. both my surveyer and the title insurance agent have said there is no easement... as far as the cattle, its not the cattle getting out its the poachers getting in.

 

[NC Aggie]

the property was 15 acres and split to 10 and 5 acre parcels. yes a title search and survey both have been done showing no such easements, Someone told me something about junior and senior rights? "old republic title'' is the title company. both my surveyer and the title insurance agent have said there is no easement... as far as the cattle, its not the cattle getting out its the poachers getting in.

Now you indicated they had an easement recorded in 1984 in your original post? Is it on file in the county or court? And to answer your other question, no an easement could not be recorded without the consent of the property owner through which the easement runs.

 

[justalayman]

And to answer your other question, no an easement could not be recorded without the consent of the property owner through which the easement runs.

that's not true. I can go down and record an easement on my neighbors property without their knowledge. That doesn't mean it is a valid easement. The register of deeds does not concern themselves with the legality of the document, just the form it is presented in.


.

In 1984 they re recorded the 5 acre parcel to include a 30 foot easement though what is now my 10 acre parcel.

who recorded the deed. Who were the grantors and who were the grantees?

 

[154NH773]

In 1984 they re recorded the 5 acre parcel to include a 30 foot easement though what is now my 10 acre parcel. Can someone record easement through your land without your consent?

You did not own the land in 1984. The owner of the property in 1984 could have granted the easement. If he did, then your title search should have come up with it. On what basis does the title company say there is no easement? Who are the "they" you refer to as re-recording the 5 acre parcel?

When you bought the property "one year ago", didn't the fact that someone's driveway went through it raise a question?

You don't supply enough information (exact wording of the easement) to advise you whether you can require the gate to be shut. I wouldn't lock them out of the easement without making sure you have that right, otherwise you could be sued.

 

[NC Aggie]

that's not true. I can go down and record an easement on my neighbors property without their knowledge. That doesn't mean it is a valid easement. The register of deeds does not concern themselves with the legality of the document, just the form it is presented in.

You are correct, but I meant a valid easement that would be recognized by the courts.

 

[carazyness]

Thanks for all of the advice. "they" refers to former owners of the smaller parcel. Both parcels where on 15 acre plot in 1978. when they sold off 10 acres to mr steve dudziac they did not put a easement through the 10 acres he bought and that I now own. In 1984 the murrays (original owners off all 15 acres ) sold the remaining 5 acres and put a easement clause in 5 acre parcels title/deed cutting into the 10 acre parcel. it is not recorded anywhere on the 10 acres title/deed that they have a easement going through it. when i purchased the property i was told by the real estate agent and the title agency that the property has no recorded easements in it. I just need to get a lawyer.

 

[154NH773]

In 1984 the murrays (original owners off all 15 acres ) sold the remaining 5 acres and put a easement clause in 5 acre parcels title/deed cutting into the 10 acre parcel.

It would "seem" that you are correct. Since the Murray's did not own the 10 acre parcel in 1984, they could not grant an easement through it.

If you are sure of all this, then lock the gate, call the police if they cut the lock, and let them go to court to try and prove they have an easement. Better yet, put up a non-removable barricade.

You might run this past your lawyer, because it will probably end up in court.

 

[carazyness]

I just found out they have not paid there mortgage for over a year and a lis pendis was filed on them in november! I am going to wait it out a bit and then just make it unpassable so if anyone comes to look at it they will have to go over tree piles, through a mudd hole and so on. things seem to fix themselves. when that time comes I will also lock the gate and call the sherriff if anyone cuts the lock!