Does the easement still exist

Does the easement still exist>probably

Joe,

I recently had a case similar to yours. The easement was in a deed from 1899 but was never carried forward in subsequent descriptions after the burdened properties were subdivided, warranty deeds and all..

Ours was a vague description "easterly over my other lands to the road now established"

The court found that the easement existed, and since it was never improved he burdened 4 properties with it. We had a later trial to determine best access....

Unless the easement is released it still exists....
my 2 cents...

Don

Once created then it stands until it's extinguished.

> Once created then it stands until it's extinguished.

What he said.

DOSEN'T THE MARKAETBALE TITLE ACT EXTINGUISH THE EASEMENT?

(sorry for the TDD sentance)

No. It doesn't.

Is it really marketable? I wonder. You can't change things after the fact by a stroke of the pen on a paper.

It still exists.

It depends on what the judge says...

I agree with Deral. By chance do you have a copy of a title report? I am working on one similiar to this but not exactly. The final judgement should come in Feb (possibly) It's in NC. Once things are complete I will probably try and post the results.

My understanding of the CT MARKAETBALE TITLE ACT would lead me to think that the easemnent, not being carried forward, no longer exists. The reason the bill was passed was to take care of ancient "junk" that encumbers properties. Unfortunately it also wipes out reversion clauses too if they aren't brought forward.

I think it is time to run it but the Lawyers.

T.W.

yes it do !!!!

client can relocate it as long as the easement serves the same purpose in use and functionality--it remains an encumberance till extinguished, the rights of intended users must be individually signed off to legally extinguished based on the need being satisfied by another available route accomplishing the intended purpose-tdd

Another reason to look at the latest deed description as well as the one that created the tract in the first place. That way if something is different you can find out when and what changed, 'the description, the intent or something was left out'. Those things are common in the chain of recorded deed descriptions and often any ambiguity in current descriptions are resolved by such searches. I would show the pedestrian access to the beach as an easement, probably with a note explaining with deed recording references the whats, whys and when.
jud

There are times when easements can be extinguished by unwritten means. Not by non-use but by adverse use. Some can be nullified by merger. Outside of those, an easement is presumed to be conveyed along with property through subsequent transactions whether it is expressly mentioned or not.

Am I correct in assuming that this is a path from a public road to the beach? If it was ever used by the public at one time, then no, it can ever be extinguished except by city or county. I don't think MRTA works on an easement benefiting the public.

Stephen

kEEP THIS IN MIND

Because of the Marketable title act, the title report only goes back 40 years!
So as far as I know, I'm the only person who knows about this.

I will depict the easement as it existed and give the full history on it.

I have my doubts about it still being valid...but I shoulda went to law school..:-P

In Oregon...

An easement can be extinguished by abandonment, but mere non-use is not the same as abandonment. There has to be clear and positive statements or actions by the easement holder of an intent to abandon.

An easement may be extinguished by adverse possession.

> There are times when easements can be extinguished by unwritten means. Not by non-use but by adverse use. Some can be nullified by merger. Outside of those, an easement is presumed to be conveyed along with property through subsequent transactions whether it is expressly mentioned or not.
>
> Am I correct in assuming that this is a path from a public road to the beach? If it was ever used by the public at one time, then no, it can ever be extinguished except by city or county. I don't think MRTA works on an easement benefiting the public.
>
> Stephen

This easement connects a private residence across another private residence to a public beach.

Does the easement still exist>probably

I have been looking into information on specific cases that cover easements that were left out of conveyances.

There is a local title manager that does not believe a property is encumbered or subject to an easement if it is not mentioned or less and excepted in a deed.

I have said that just because it was not mentioned that does not mean that it does not exist. Someone failed to include it in the new deed. The easement does not go away.

It has muggled many a transaction and left property land locked by that opinion because of the company's refusal to recognize legal access.

If the dominant and servient estate merged(became one owner), at some point, the easement may have been extinguished.

Since the easement was created by deed and not prescription it still exits IMHO. I would recommend you to through the necessary steps to extinguish it if that is your clients desire.

There is one way it could be extinguished. If all property between the property with the easement (including the property served by the easement)and the beach was held by one owner at some time in the past the easement was extinguished by "doctrin of merger". SORRY, I DID NOT SEE THE PRIOR POST

If I were a judge I would say yes. As a surveyor I wouldn't care. I've been given constructive notice, so I must show it unless I am given evidence to the contrary.