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If I am conveying property to Person A can I reserve an easement to Person B to cross

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rightwest

Junior Member
New York
If I am conveying property to Person A can I reserve an easement to Person B to cross Person A’s property. Does it matter that Person B is not a party to the conveyance.
thanks
 


drewguy

Member
New York
If I am conveying property to Person A can I reserve an easement to Person B to cross Person A’s property. Does it matter that Person B is not a party to the conveyance.
thanks
Sure, but you'll also need to convey an easement to B and record it as such.
 

rightwest

Junior Member
Would you please advise the section of laws of New York or case law that covers this

If I am conveying property to Person A can I reserve an easement to Person B to cross Person A’s property. Does it matter that Person B is not a party to the conveyance.
And you response was "Yes".
What law applies here? Thanks
 

HomeGuru

Senior Member
If I am conveying property to Person A can I reserve an easement to Person B to cross Person A’s property. Does it matter that Person B is not a party to the conveyance.
And you response was "Yes".
What law applies here? Thanks
**A: no, it does not matter.
 

154NH773

Senior Member
If I am conveying property to Person A can I reserve an easement to Person B to cross Person A’s property. Does it matter that Person B is not a party to the conveyance.
And you response was "Yes".
What law applies here?
As you've already been told; Yes, you can convey an easement across property YOU OWN. You must do it before the property is sold, and you should disclose the easement to person "A".
Provided that the easement does not violate any law or ordinance, there is no law I know of that prevents you from granting the easement.
You may not be legally required to disclose the easement, as long as it is filed and available during a timely search of the titles.
It may be fraud or misrepresentation if you attempted to hide the easement from party "A".
 

justalayman

Senior Member
.
You may not be legally required to disclose the easement, as long as it is filed and available during a timely search of the titles.
It may be fraud or misrepresentation if you attempted to hide the easement from party "A".
if they are in the process of selling now, it will not be recorded soon enough to be included in the "of public record" statement.

what they need to do is disclose the sale includes the easement. Anything less is going to cause some serious grief.
 

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