> I changed the description from reserves to "subject to" then back to "reserves". It appears to me if you reserve something you are creating it the instant you sign/record the document. "Subject to" to me, seems it has been created in the past and you are putting someone on notice.
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You are correct, Lamon. "Reserving therefrom" is language which creates the easement for the first time. "Subject to" is language which refers to an easement which already exists.
> My latest is "XYZ Pipeline Company or assigns reserves the following described easement:"
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Because the language is present-tense, I'd say "XYZ Pipeline Company or and its assigns...". I'd also add after the words "following described easement in gross:". That will ensure that the easement isn't thought to be appurtenant to any particular reserved or excepted parcel.
JBS
Years ago I wrote lots of easements and deeds. Some of the got me really twisted around trying to get the language correct.
Then we were called to task on deeds as the local Bar Assoc decided that the writing of deeds was the practice of law. This was soon expanded to include easements/reservations.
At first I was a bit put out, but I have grown to really like the idea of not having to determine what the legal details surrounding the description should be. I simply write the description and prepare an exhibit map (if appropriate) and tell my clients that they have to see an attorney in order to have the actual easement/deed written up. I also let them know they can always act as their own lawyer and point them to Document sites.
I also give them the name of an attorney or two we do a lot of work with. I still charge the same as before with a lot less stress. I do what I am an expert at and let the lawyer deal with the liability/protection side of it. I have had no complaints from my clients. Win/win!
Also, I refer to it as a reservation when the parcels burdened and benefited are in the same ownership since an easement to yourself is logically meaningless. The reservation kind of sits there until one of the parcels is sold whereupon it more or less ripens into an easement, hence, reservation. I got this idea from talking to title officers and a few attorney's, though I could be wrong about it.
I really, really, really am kicking myself today that 10 years ago I didn't write reservations for access easements into four discriptions that were sold in 2003. The title company didn't include the easement that I had prepared for the last tract.
The new owner that the easement crossed stopped access and now nine years and a bunch of lawyer time it is finally getting resolved. If I had written reservations into each parcel (no one wanted to do it that way) instead of four seperate easements all this would'nt have happened.
I should have insisted then and I would'nt be driving out to locate the same road today (they all think it's not in the same location).
