Surveyin' a parcel of land that goes back to a 1912 subdivision...chase back all the deeds to the creation of subdivision. The first deed out from 'Washington' to 'Jefferson' reads in part...being Lot 20...together with beach access rights across other land of 'Washington' to Long Island sound. ...Great.
The deed from 'Jefferson' to 'Lincoln'...reads the same..Great.
However the deed from 'Lincoln' to 'Roosevelt' (warranty deed) does not make any mention of this access way...and every other conveyance down to today fails to mention said access rights.
I think what happened was the city bought the other land of 'Washington' and made it part of the beach, therefore granting access to all anyway..but I have to dig some more...I love this stuff.
Back to town hall!
you are one sick sick individual and i should know... it takes one to know one. Have fun!
> However the deed from 'Lincoln' to 'Roosevelt' (warranty deed) does not make any mention of this access way...and every other conveyance down to today fails to mention said access rights.
But do those same deeds convey all "appurtenances"? That would include the right of access to the beach, I assume. In Texas, once a right becomes appurtenant to the tract or lot, it really isn't necessary to make specific reference to it for that right to convey with the lot. You are most likely in some much smaller, colder state than Texas, however, where the courts may not have decided such matters correctly owing to the cold and the smallness of the beach to begin with. :>
That must be quite a neighborhood. Is everyone there related to a former President or are they playing in the NFL?
It's not uncommon for an appurtenant easement, once established, to be left out of subsequent conveyances. That is no indication that the appurtenance has been lost.
The only way to find the status is to track the appurtenance and the servient estate from which it originated. A merger of title between the servient and dominant estates may dissolve the easement. The easement may also be terminated by a "release of interest" which is really fun to search as they may be filed in the miscellaneous index under the dominant estate holder's name.
Good luck with the search.
JBS
> It's not uncommon for an appurtenant easement, once established, to be left out of subsequent conveyances. That is no indication that the appurtenance has been lost.
>
Lazy lawyers drafting incomplete deeds waiting to cash in on the title abstracts when the property transfers... Reason number 17 why I don't believe that attorneys should be responsible or allowed to determine title.
You make a valid statement. I've seen that happen more than once.
JB...
All true...but the adjoiners deeds, both of which come from the same subdivision, still call out the rights...latest deed is from 2011.
I will dig away!
I love this stuff!!!
