Question
Read the situation in the document below. Then comment on what A, B, C and D might have done to have a better outcomes, you
Read the situation in the document below. Then comment on what A, B, C and D might have done to have a better outcomes, you can also indicate what A, B, C or D should not have done.
Assume you have been hired to survey D's land. As you review the history of the property as I've described, what might you advise your client to do?
Chronology and transactions regarding this tract 1. A owns entire tract, the large rectangle 2. A then sells the back part to B using the long dividing line that runs east-west (north is to top of page). At this stage ignore marks in red. They don't exist yet. 3. In the process of that sale, A grants easement to B. So B is now dominant estate and A is servient estate. Easement across A's land shown by dashed line 4. B then sells (sequence is irrelevant) creating tracts C and D, both are new owners, person B is out of the picture 5. Basically C can't have his land without access. Technically illegal in most states. If no easement was granted to C, he usually can get a decree to have an easement created. 6. Under ideal circumstances B would have the forethought to have created the appropriate access, which may mean having to go back to A or A's successors in title to grant access to C (as well as D) 7. If D grants an easement to C, it is likely that A is required to allow C to use the easement too because serving the original tract B was the intent. However A has no other obligations. This is also a contentious issue. In the situation where there is a title insurer or even an abstractor involved in the process, it is likely they would have thrown up a red flag. This is a good case to show why do-it-yourself land transactions are hazardous to your financial well-being. 8. So, if there's no easement for C that's written, then B's responsible for the mess For surveyors encountering this in practice, the main thing to do is to identify all uses of the lands of A and C that are accessed by D and to show it on the survey plat. He then must advise, at the very least , to have new easements written and recorded. A lawyer may be needed as there is potential impact on titles of A, C and D. They surveyor may be called upon to survey and write descriptions for the appropriate easements.
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