easement - Posted by JSD

Posted by Lloyd on September 15, 2005 at 19:25:47:

Easements are always granted to the owners of the property and then they will run with the land for future owners unless words in the granting of the easement say otherwise. You need to have a copy of the original grant of easement to know for sure. If the easement was for ingress, egress and road purposes it was probably for one parcel of land. There is a possible issue here of overburdening the easement when 2 or more parcels use the same easement granted to one parcel. If you are concerned with this issue I suggest you meet with a good Real Estate Attorney and have copies of the easement deed and other documents. I am a Licensed Land Surveyor in California with 30+ years of experience (now only doing real estate as its much more fun and much less work).

easement - Posted by JSD

Posted by JSD on September 11, 2005 at 20:58:50:

Our neighbors have an easement through our property.
They have now split their 80 acres into two 40’s and are selling. Does the easement automatically go to both parcels? Are we supposed to be notified of the new owners who will be using the easement? In our contract the easement is spelled out to the owners, not the parcel.

Our property is in the foothills in California.

Thank you for your time.