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Easement to yourself

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MightyMoe
(@mightymoe)
Posts: 10025
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I needed to create an easement across a few hundred of ranch land. This is one of those easements to yourself that is being discussed. I was unclear how that should work but the client's attorney assured me it's no problem.?ÿ

Sent off the description and drawing a couple of weeks ago and get a call from the attorney today.?ÿ

Guess what? Seems there is a problem...ƒ??ƒ??..

I actually think I came up with a solution that will work, we shall see.....

 
Posted : April 1, 2019 4:18 pm
summerprophet
(@summerprophet)
Posts: 454
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If it is fee ownership, you own all the interests to the property (with a few exceptions) and therefore cannot grant yourself any additional interest in the land.?ÿ

If the intent is to subdivide, there are ?ÿa few ways around this. You can grant a reservation to reserve an easement upon sale of the property, or you can grant easement to and from a corporation.?ÿ

 
Posted : April 1, 2019 10:06 pm
MightyMoe
(@mightymoe)
Posts: 10025
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They can do an ownership change on a small parcel and make this work, at least that's what I think should work. I will leave it up to the title people from here.

 
Posted : April 2, 2019 7:16 am
RADAR
(@dougie)
Posts: 7889
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Can you give us an update; once you hear back from The Title People?

I've got a similar situation and would like to see all of the options...

TIA

Dougie

 
Posted : April 2, 2019 9:36 am
MightyMoe
(@mightymoe)
Posts: 10025
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I will, but I think they will need to deed a tract to their son, so it probably won't help your situation.?ÿ

 
Posted : April 2, 2019 11:49 am