Looking for suggestions and/or any examples along the lines of the following example. Client owns roughly half a dozen subdivision lots on which it has communication facilities that only take up maybe 5-10% of the usable area of the lot and they want to sell the lots and reserve an easement for the footprint of their existing use area. As they own the lots outright, they can't simply grant themselves an easement. As it stands at the moment, I'll map the improvements above and below ground and create an exhibit and metes and bounds description describing the 'reservation' which will be converted to an easement upon conveyance, but having not done anything quite like this before, wanted to toss it out there to see how this would be accomplished in your neck of the woods. Would like to get it as right as possible on the first swing. One of the factors I need to pay attention to are buffers around above ground facilities. This summer one of these sites was burned to the ground in a wildfire. Had they been able to clear the vegetation farther out around the structures,?ÿ the loss might have been averted. There be a number of wrinkles to this that make me want to approach this with both eyes open.?ÿ
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Thanks. Willy
Just because I'm paranoid, doesn't mean they aren't out to get me.
Typically power line and gas line easements include language regarding the spraying, cutting of and/or removing vegetation. the vegetaion limt line does not have to be coincident with the easement use line, but it is simpler to do so.
Paul in PA
How about recording a "Declaration of Easements" spelling out all the rights of the easement(s) that will be reserved upon the conveyance of Lots 1 - 6, with a reference to your plan? Then in each lot deed, "... subject to and reserving the easements specified in the Declaration of Easements recorded at _____."
Excellent. Thank you Peter.
Just because I'm paranoid, doesn't mean they aren't out to get me.