In the early 2000s Larry bought up several contiguous small properties, from 1.5 to 6 acres. Sometime after that, Larry took out a sizable loan with several (maybe all) of the tracts as collateral. Sometime after that, he granted an easement across three of the tracts to a landlocked property adjoining his collage of small properties. After that Larry defaulted on his loan and the bank foreclosed, and ended up selling all of the parcels to different people. Fast forward a few years. John, the owner of the formerly landlocked property attempts to exercise his right to use the easement. It appears that no one had a clue as to the existence of said easement. All three tracts crossed by it had built things in the easement. John attempted, unsuccessfully, to get them to move things or let him pass in another location. So, John hired a lawyer and the lawyer had him hire us. The lawyer seems to be a knowledgeable young man. He called me and explained that the original easement wasn't granted legally and does not exist due to Larry's bank having an interest in the property prior to the granting of the easement. They never knew of or gave consent for the easement. He is now trying to obtain an easement by necessity. On top of all that, at some point a previous attorney, in a failed attempt to fix things for one of the affected property owners, prepared a description for part of the easement that has been negotiated... A 30' easement that ends at a point on the property line it intersects... pretty useless by itself. Now that owner will have to be negotiated with again to get the little wedge needed to connect with the next property owner. The client's current attorney seems to get it though. And he wasn't the scrivener of the description. At the end of my last email on the subject of the description to the attorney, I asked... Did you ever wonder what happens when attorneys prepare easement descriptions without a current survey? Ironically, one of my first cousins in another state is on the opposite side of a similar situation in which an easement of necessity could be forced through his property.
What a mess. Isn't the title company supposed to catch this sort of thing?
I'm wondering if the original agreed easement was ever recorded. If not, that would explain why the title company didn't see anything.
The original easement Larry granted to John was recorded. I'm relatively certain that John didn't have a title search performed. Not uncommon in the area.
The lien holder didn't sign on for the easement so it's declared null and void?
This was adjudicated or simply the opinion of the new young lawyer?
That I do not know. In any case, it seems negotiations will get results faster than court. The client must be well off... I know the negotiations aren't cheap. Our job is to map the negotiated route, plat it and provide descriptions.
Put $20k on the table to get started with one of these court battles. It goes up from there.
Are you allowed to plat it without setting monuments?
Nothing like evidence on the ground to notify the public that you are claiming use either written or adverse. It could have saved money and aggravation
