Easement to nowhere?

[John in Virgini]

What is the name of your state (only U.S. law)? Virginia

What is the status of an easement that was vacated legally on adjacent lots during a resubdivision but not vacated on the remaining lot? The easement appears to be stranded with no connection to any other parcel. This was a utility easement that has no utilities present - it was created in 1972 in a resubdivision, vacated on adjacent parcels in 1973 (although the resubdivision vacated all of the easements created in 1972) but was not filed for the remaining lot that was not part of the second resubdivision. This is a mess.

This is in the State of Virginia. Thanks

 

[justalayman]

does this now present a problem?

If the easement is useless, seek the courts assistance in removing the easement on this remaining lot.

 

[John in Virgini]

It is creating a problem because I am trying to build and the easement clouds the authority to do so. So a quiet title suit is maybe the best option? I was hoping that this could be cheaply and quickly resolved with corrected deeds or other less expensive means.

John

 

[justalayman]

it can be corrected if the dominant tenant will release the easement. Fast, simple, and cheap. If there is no dominant tenant readily available to speak with, you may need to go to court to settle this. Slow, complex, and more expensive.

Obviously try for the fast, simple, cheap, if possible.

 

[John in Virgini]

Thanks. Since it connects to nothing, hard to determine if there is a dominant tenant, it serves no one. I guess it is time to seek the advice of a real estate attorney - the long and short of it is that there were so many errors in surveys and deeds over the years that this is quite a mess. Incorrect plats recorded, scrivener's errors, incorrect or missing vacations, etc. Sounds like there is no easy or cheap way out...

 

[justalayman]

the dominant tenament should be included in the grant of easment itself. If not, how would a servient tenant know who has legal right to use such an easement?

Of course there is a dominant tenement. It is the person/property that the easement was formed to provide access for.

Who does it list as having the rights of use of the easement?

 

[John in Virgini]

The easement was created when Lots 1-6 were created by subdivision. The easement was created at subdivision to serve the individual lots. In theory, I would be the dominant tenant because the easement is actually through the other lots to bring utilities to this lot. I am the end of the line. The easement only covers a corner of my lot for utilities to be installed. There is nothing in the plat or deed that indicates who the easement was to serve or indicating who the dominant tenant is.

Lots 2-6 were sold and resubdivided. At that time, the original easements were vacated. However, lot 1 was not part of the resubdivision. I have street frontage and access to utilities from the street right of way (all of my current utilities including water, sewer, gas, electric, phone, cable, etc are connected in that manner so I never would have had need to use the easement.)

My real problem is that an easement is shown where I want to build and as far as all the land records show, there is no easement or there is a small easement that was stranded when the other portions were vacated.

 

[justalayman]

In theory, I would be the dominant tenant because the easement is actually through the other lots to bring utilities to this lot. I am the end of the line

well that makes no sense. You do not insert an easement into your own lot to service your lot UNLESS it is an easement granted to the utitlity companies or local government for the purpose of supplying utilities to your lot.

If that is the case, then the utility companies or government would be the dominant tenant and could release the easement.

Other than that, it sounds like you may end up in court to clear this up.