Help Please on Real Property Easement rights

[tnt]

Hello All,

I am begging for your help please!

There are 5 existing lots as A, B, C, D, and E.

Lots A, B, C and D which are owned by Smith.

Young is owner of lot E.

***** Lots E and D have sewer line easement in written contract.

After that, Smith had tried to combine those lots A, B, C, and D into one lot. Which is named lot F and subdivided it into eleven lots.

So that, if Smith successfully combined and subdivided lots above, does the sewer line easement still attached to lots D and F?

Could anyone please help?
Much appreciated for any input!

[JasoninDenver]

Originally Posted by tnt

Hello All,

I am begging for your help please!

There are 5 existing lots as A, B, C, D, and E.

Lots A, B, C and D which are owned by Smith.

Young is owner of lot E.

***** Lots E and D have sewer line easement in written contract.

After that, Smith had tried to combine those lots A, B, C, and D into one lot. Which is named lot F and subdivided it into eleven lots.

So that, if Smith successfully combined and subdivided lots above, does the sewer line easement still attached to lots D and F?

Could anyone please help?
Much appreciated for any input!

Are you in your law school Property final exam???

[HHIslander]

It depends. Your local code probably has some stipulations regarding combining and resplitting lots and the applications of sewer line easements.

I'd contact a local attorney.

My guess - Yes, the easement does apply but it may cost a few bucks and time to go through some type of approval process.

[brandrea]

Deal with Young

[Dubshack]

Easements run with the land. Shouldn’t matter how such land is subdivided. My unqualified take is the easement would still apply.


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[MrGoat]

It all depends if the governmental entity has vacated that easement or designated a new easement.

Is this a private easement or a public utility easement?

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[Tools]

Easements are overriding and are described by survey, not by which lot they are on.

[Chewbacca]

Jeebus.

‘Help help help please!!!’


‘Hello all’

[Star Ferry]

It depends. That will be $2,000 by check or wire.

[tnt]

Originally Posted by MrGoat

It all depends if the governmental entity has vacated that easement or designated a new easement.

Is this a private easement or a public utility easement?

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It is private.
Thank you!

[MrGoat]

Originally Posted by tnt

It is private.
Thank you!

As long as the property affected by the easement is owned by the same person or entity that owns the easement then they go to the county and change the plat to reflect the lots being changed and the easement being either removed or designated. Depending on the governing entity they may have rules regarding if each lot is to have access to sewer or water service.

This is just my experience in development and as stated varies from entity to entity.

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[mbalmz]

this isn't my area, but just chiming in to point out that property laws will vary from state to state, so be careful about accepting as gospel any legal advice you get from someone not familiar with your particular location/circumstances.

[tnt]

Originally Posted by JasoninDenver

Are you in your law school Property final exam???

Yes Sir

[tnt]

Originally Posted by MrGoat

As long as the property affected by the easement is owned by the same person or entity that owns the easement then they go to the county and change the plat to reflect the lots being changed and the easement being either removed or designated. Depending on the governing entity they may have rules regarding if each lot is to have access to sewer or water service.

This is just my experience in development and as stated varies from entity to entity.

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Much appreciated for your input!

[tnt]

Originally Posted by mbalmz

this isn't my area, but just chiming in to point out that property laws will vary from state to state, so be careful about accepting as gospel any legal advice you get from someone not familiar with your particular location/circumstances.

Thank you so much for your concern!

[MILGAUSS88]

I assume most states have very similar laws on easements.
I am an appraiser and have looked at countless plat books.
In my state they have the easements sketched on the plat map in most jurisdictions.

Here is how I would describe it. View the easement as a parcel that has property lines that overlays the original parcel. The property lines for the easement are not going to change, it is "owned" by the city and is not sold, combined or split. Those lines will stay where they are at permanently.

So, yes the easement will be attached to lots E and F. (I assume you did not mean D and F, as D no longer exists.)

[MrGoat]

Originally Posted by MILGAUSS88

I assume most states have very similar laws on easements.
I am an appraiser and have looked at countless plat books.
In my state they have the easements sketched on the plat map in most jurisdictions.

Here is how I would describe it. View the easement as a parcel that has property lines that overlays the original parcel. The property lines for the easement are not going to change, it is "owned" by the city and is not sold, combined or split. Those lines will stay where they are at permanently.

So, yes the easement will be attached to lots E and F. (I assume you did not mean D and F, as D no longer exists.)

Except the easement was a private easement.

Also, public easements get vacated all the time.

I’m literally in the process of getting one vacated now.


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[MILGAUSS88]

Sewer would be municipal. He said sewer line.
Septic would be private.

The easements have to be legally vacated, i have seen some over 100 years old that were never used.

[MrGoat]

Originally Posted by MILGAUSS88

Sewer would be municipal. He said sewer line.
Septic would be private.

The easements have to be legally vacated, i have seen some over 100 years old that were never used.

Sewer is only public to the ROW line in the municipalities I work in and then that’s depending on if the roadway and ROW is private or public. In this situation the op specifically stated the easement was private.

I am well aware, please see my first post and then subsequent posts.


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[Calatrava r]

Originally Posted by Dubshack

Easements run with the land. Shouldn’t matter how such land is subdivided. My unqualified take is the easement would still apply.


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I would agree. The burden of the easement can be removed with the consent of the easement grantor or through prescription over a long period. Simply subdividing the property should be subject to encumbrances of record.

[BroncoOne]

Originally Posted by Dubshack

Easements run with the land. Shouldn’t matter how such land is subdivided. My unqualified take is the easement would still apply.


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While true, it is possible to overburden an easement and get judicial relief. For example, you have an easement to put in a driveway to your house but instead build a 750 car parking garage or a drag racing strip.

Property laws vary state to state and subdivision laws vary from community to community, but the “law school exam” basis is as described above.

[GB-man]

Skip that one and come back to it later if you have time. Otherwise I can ask my attorney…

[Trailboss516]

Are you posting this question from the bathroom of the exam building?

[Atone]

Originally Posted by JasoninDenver

Are you in your law school Property final exam???

Ok I legit LOL’d

[mountainjogger]

Originally Posted by mbalmz

this isn't my area, but just chiming in to point out that property laws will vary from state to state, so be careful about accepting as gospel any legal advice you get from someone not familiar with your particular location/circumstances.

Agreed. And the attorney will hopefully want to see the plats and deeds and not answer a question based on a summary.