depends
Las Cruces had all of its own utilities, even electric, but finally gave that one up. ElPaso electric has a franchise easement for anything they want to do city wide. City probably vacated but I never got to dig through those documents while I was there.
It's always a new story even if it seems like it's the same story...
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@jitterboogie Yeah, I think first I read about this was maybe a Jerry Broadus article 30 some odd years ago in Washington probably. Utility company had to repurchase gross easement because unlike appurtenant it has to mentioned in a deed when restructuring the company. Or something to that affect. Surveyor can't make the call, but lots of research and timeline of what has happened we can provide.
"The city" isn't a single entity. The city can hold property corporately (for its own use) or it can hold property "in trust for the public." It would seem that the easements created by the plat would be a public trust matter, their ownership of a lot would be for benefit of the city corporation (assuming it's not a public park or similar). These are two separate entities. If that's the case, then there would be no "merger of title."
JBS
we had the Utilities of Las Cruces, and they were the enterprise entity and owned the utilities, city was dependent on the relationship obviously and was granted or did grant easement to itself indirectly because of the type of relationship.
Then the question is, why does it matter?
Turns out they simply want more room to build additional facilities on the lot.
@bstrand it's usually the local goverment who needs to approve PUE and drainage easment vacations unless they were granted to a specific person or parcel of land. The city should be able to just follow their easement vacation procedures.
they simply want more room to build additional facilities on the lot.
What type of subdivision is this? Residential? Commercial?
If they're going to blow out all the easements so they can build right up to the line, then they'll probably need rezoning (a single lot?) and/or a variance, eh?
What the heck are they wanting to build that absolutely cannot go anywhere else?
Seems like a rezoning would affect the quality of ownership all the other lot owners have come to depend on and may be a huge problem in that respect?
It's in a residential subdivision with some well infrastructure on it which they are wanting add onto. 3 sides have a 5 foot easement but the fourth (south) side has a 26 foot easement which is the one they're looking to resize or vacate. With the lots configured this way I don't think it would cause really any problems to modify the easement. Anyway, attached a clip of the lot; find orange dot.
I think most areas have a law which prevents people from granting themselves an easement, right? And if a person comes to own a parcel on which they had previously been granted an easement then the easement goes away.
My question is if this applies to governments as well. A situation I'm dealing with at the moment is where the city owns a lot in a subdivision and the plat calls out a public utility, drainage, and irrigation easement along all lot lines. If the city is the owner and also the grantee does the easement still exist?
Government does not follow the rule imposed upon the citizens. It's a creature of its own by its "nature" of "being the people". The government will need to formally release its interest in the easement dedicated. I have 20 years being employed in that cesspool claimed to represent the people, instead government is a hungry ogre never satiated.
The local agency accepted the offer of dedication of the public utilities easement on behalf of the public, and for use by franchise holding public utilities according to the terms of each franchise agreement. The purchase of a residential lot by that local agency does not constitute the holding of dominant and servient tenement interest by the same entity for the same purpose.
That is, the local agency accepted the dedication on behalf of the public interest at large, and holds that easement interest on behalf of others.
Upon acquisition of said lot - by reference to the lot "as shown on said map" would pass fee title, subject to any public easements shown on the map.
The lot is encumbered by the easement; for the benefit of others.
The city isn't the only one with an interest in the easement...
CHAT GPT ANSWER
It is true that in many jurisdictions, a person cannot grant themselves an easement. This is known as the "doctrine of self-dealing" or the "doctrine of estoppel." Additionally, it is also true that if a person comes to own a parcel on which they had previously been granted an easement, the easement may be extinguished because the owner no longer has a separate property interest to which the easement can attach.
However, the application of these rules to governments can be more complicated. In general, governments are not subject to the same legal restrictions as private individuals, and the rules that apply to private property rights may not apply in the same way to government-owned property.
Whether an easement granted to a government entity still exists when the government entity is also the owner of the land will depend on the specific laws and regulations of the jurisdiction in question. In some cases, the easement may still be valid and enforceable, even if the government is both the grantee and the owner of the property. In other cases, the easement may be extinguished or otherwise limited in some way.
If you have a specific legal question about an easement granted to a government entity, it would be best to consult with a local attorney who can advise you on the specific laws and regulations that apply in your jurisdiction.
ChatGPT is at this time quite unreliable. It doesn't know, for instance, that someone can't get married after they die. It tries to do algebra and gets it wrong. All it can do is string together words and sentences it has come across. Come across where? The internet, of course and we know how reliable everything on the internet is.
ChatGPT Lurker's cousin is at this time quite unreliable. It He doesn't know, for instance, that someone can't get married after they die. It He tries to do algebra and gets it wrong. All it he can do is string together words and sentences ti he has come across. Come across where? The internet, of course and we know how reliable everything on the internet is
Bill you just described my cousin.
