Can an easement be created for future grantees?

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Strictly Surveying

Last Post by lexie52 2 years ago

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tex_barnett

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I've come across a cross access easement that is for the benefit of the future owners and successors. It is located in a 40+ acre tract of land abutting a street. The exhibit showing the location of the easement is crossing through 5 lots, that do not exist. From what I can tell the owner had the property split up on a survey but did not go through with all the procedures to create a subdivision / tract split. I'm not worried about the uncreated lots. I want to know has anyone created easements and filed them for future ownership? This document has a lawyer's name all over it and I think he gave the owner some bad advice.

Posted : April 30, 2024 3:06 am

macheteman69

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The lawyer must have contingencies put into the filing. I can't imagine doing something like this without the backing of a lawyer.

Posted : April 30, 2024 3:12 am

chris-bouffard

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The answer to your question is yes, the owner of the parent tract can create an easement to benefit future owners. It's typically done during the subdivision process but when it is filed is not as important as the language of it.

Posted : April 30, 2024 4:27 am

lexie52

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Yes, an easement can be created for future grantees through a legal mechanism known as a "future interest." This means that the easement is granted not only to the current property owner but also to any future owners of the property. This can be achieved by explicitly stating in the easement agreement that it runs with the land and binds future owners. This ensures that the rights and obligations associated with the easement continue even if the property changes hands.

Posted : May 6, 2024 11:36 pm