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What is the name of your state? Montana
An easement was granted prior to the purchase of our land, however the copy of the easement states the previous owner of our land granted an easement to the person and his whfe and their heirs and does not mention successors or future owners of the land, it states it is granted to him and his wife by name and their heirs forever, beneath that it states the easement is for the benefit of the grantees land. My question is since the date of the easement the land has been sold and the new owner is neither person on the easement nor one of their heirs. Heirs is defined as a person that can take possesion of the land by law in the event of no will or someone named in a will. My thinking is that the easement is void since it does not mention any successors or new owners of the land and since the land was sold the easement becomes voided, is my thinking correct? Thank you.:(


Senior Member
You MIGHT be correct, but an accurate response to your post would require a review of all the applicable documents and your local court records... regretably, I don't see anyway for that to be done on the forum. I suggest you contact a competent local attorney.

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