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Does a Quiet Title Action Judgment release an Easement?
Would anyone know if a Quiet Title Action Judgment would release an old easement of record?
There was a Judgment in 1988 on a parcel I am working on declaring certain parties fee owners of the property “Free and clear of all liens and encumbrances” and “Further ordered, adjudged and decreed, that none of the Defendants named and refereed to has any right, title, estate, interest or lien in said real estate”
There was an existing ingress-easement across this property serving the adjacent property that was in place since 1926. The deed of record for the adjacent property still mentions this easement and claims that it benefits the property.
From a clearly written legal perspective, without considering occupation and usage (Area of the easement in question consists of a parking lot with no clear use or occupation) would the Judgment release or discontinue the easement?
Thanks in advance for any words of wisdom you may be able to provide.
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7 Replies
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And the adjacent property does not belong to one of “Defendants named and refereed to” ? (I’m assuming that was supposed to be ‘referred’)
Common sense would say that it doesn’t affect the easement for the adjoiner, but the again a lot of law doesn’t make sense.
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Was the easement in use? We have a use it or lose it provision on easements. It is frustrating when access to your forgotten about lot has been blocked for about 50 years and after you survey it the neighbors double the fencing and signs.
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The adjacent owner’s (parties with the possible easement) were named as the defendants on the Judgment.
I did just find that the parcels were combined in 2014 by a single owner and then split again in 2015 without the easement, so I now know that the easement is no longer in place, but for future circumstances it would be informative if anyone has knowledge on the power of a Quiet Title Judgment to extinguish an existing easement.
Thanks
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Until title company removes it from title report it still exists. My 2 cents, Jp
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Until title company removes it from title report it still exists. My 2 cents, Jp
Until it is removed it must be considered and probably referenced on the plat.
Whether or not it is on the report has no effect on whether it exists. Title companies have no judicial power to create or extinguish easements. They only report what they know of them.
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A Quiet title deed is to convey any rights that the named person in ownership MAY have in said premises. If that property is the servant parcel, the easement runs with the land because that individual cannot convey out rights to that easement.
Quiet Title actions are also open to collateral attack by people with knowledge in heir tracing. If the person you’re getting a Quiet Title deed from does not have any rights to that property, then you may find yourself empty handed.
Quiet Title actions are usually reserved for unknown owners and usually names multiple people that may not have any rights to the property. The underlying principle is the same as a normal title transfer. Perpetual easements will run with the land regardless of the way the land was transferred.
The adjacent owner’s (parties with the possible easement) were named as the defendants on the Judgment.
I did just find that the parcels were combined in 2014 by a single owner and then split again in 2015 without the easement, so I now know that the easement is no longer in place, but for future circumstances it would be informative if anyone has knowledge on the power of a Quiet Title Judgment to extinguish an existing easement.
Thanks
In your case, the dominant and servant lots were owned by the same individual. This is the reason the easement ceased to exist. If the action was for the servant lot only, then the easement would still exist. The language in the Quiet Title Action is directed at the person writing the deed. Not the property itself.
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Thanks Steve,
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