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Should easement be included on title?

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Ozark_Sophist

Senior Member
What is the name of your state? Missouri
We are buying 2 landlocked acres of a 15 acre tract that surrounds us on three sides. We have an ingress/egress easement to reach our house. There is an older easement (1996)that generally follows our ingress/egress easement to our property that went with the 15 acre tract. The person we are buying from did not include the ingress/egress easement that went with the 15 acre tract on his deed when he purchased it this past summer, as he planned to build direct access to public road across his land. Should the easement that went with the 15 acres be included in our transaction?

I am concerned our front neighbor will claim we are overburdening the easement (the one that went with our current land) by the addition of the 2 additional acres. Plus, if we should build a new home on the 2 acres and sell our existing property, we would need the easement.
 


seniorjudge

Senior Member
Q: Should the easement that went with the 15 acres be included in our transaction?

A: Yes, but doublecheck with the title company.
 

Ozark_Sophist

Senior Member
The easement to our property is reflected on both our deed and our title insurance. My biggest concern is the impact the addition of additional land to our property has on our existing easement. Is this overburdening the easement? If we at some point construct a second home on the 2 acres, would the easement for our property work for that one as well? If it doesn't, we are going to need that easement, and I need to let the title company know Monday. Both 30' easements were created by deed at the same time, reflected on titles for all 4 tracts. Both easements cross the same two tracts (Not ours or the 15 acre tract), but in slightly different locations (an 18' shift), so having both would give us a 48' wide easement.
 
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