Easement on Survey Not Deed

What is the name of your state? NY

I am purchasing a property that was previously subdivided from the neighboring property. The survey contains language that permits the owner of my property to access doors for ingress and egress, and permits the neighbor to access his property through me driveway.

A copy of the existing deed only shows meets and bounds and makes no reference to the easement outlined on the survey. The deed is recorded as a "confirmation deed" because apparently the original deed was not filed or lost.

Do I need this language to be added to the deed prior to my closing? What are the necessary steps to take to make this happen?

Thanks in advance.
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What does the title insurance commitment show? Is it picking up any recorded easement (as shown on survey) running with the land and considered as part of the "title" to the property being sold?

nils_h said:

What is the name of your state? NY

I am purchasing a property that was previously subdivided from the neighboring property. The survey contains language that permits the owner of my property to access doors for ingress and egress, and permits the neighbor to access his property through me driveway.

A copy of the existing deed only shows meets and bounds and makes no reference to the easement outlined on the survey. The deed is recorded as a "confirmation deed" because apparently the original deed was not filed or lost.

Do I need this language to be added to the deed prior to my closing? What are the necessary steps to take to make this happen?

Thanks in advance.
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Click to expand...

**A: there must be a recorded easement agreement otherwise the surveyor would not have picked it up. Check the title report.

Thanks for your responses. To clarify, the survey was done to sub-divide the two properties. The surveyer didn't pick up on anything other than the need for the easement to exist. His drawing has "notes" which include the language I would expect an easement on this property to contain.

I spoke with the surveyor who drew the plan. He said that regardless of whether the easement was filed, it should be noted that the subdivision was granted with the conditions of his "notes" on the drawing.

I was told also that the easement -- if filed -- could exist as a seperate document. When I asked the county clerk for a copy of the existing deed, there was no easement with it. When I asked her about whether one might exist elsewhere, she told me I'd have to drive the 50 miles to research it myself.

What about your title report? Part of the title companies job is researching this! Did you get the report yet!!!!!!!

I have not ordered a title report yet. The purpose of my efforts is to try to proactively uncover problems prior to closing. Also, I am being asked by the planning committee about usage, and I'm trying to be truthful in my responses without delaying their approval for the use of the building.

well, frankly, trying to get subdividing approval PRIOR to having a current title report in hand is ridiculous. How can you submit a request to establish new lot lines without having a title report that establishes ANY and ALL easements and deed restrictions? If you don't really know any and all recorded easements how can you know where it makes sense to set out the new property lines, access roads, etc? How can you truly know where to set out access?

Preliminary Title report should be obtained BEFORE going through municipal approval process.

nextwife, will you please read my first post on this thread. It's already subdivided.

But you are still making a submission to a planning commitee without a copy of all easements and deed restrictions that affect the property. Without those, you might be submitting something that is NOT in compliance with any recorded E&Rs or that overlaps a utility or other easement.

This would be far less complicated if you were working off a title commitment because then ALL recorded E&Rs and easements that run with the land would be in your hands.