Quitclaiming/Exstinguishing an Older Easement

GWinglovitz · Post by **GWinglovitz** » Fri Apr 30, 2010 3:32 pm

I'm looking for suggestions on this:

I have a client that has a parcel that is encumbered by a private road easement. The easement was created by reservation in the 1954 grant deed that created the property. My client would like to get the easement quitclaimed however the title company cannot locate (or determine) the current owner of the easement. Is a "quiet title action" the proper procedure to extinguish the easement, or is there another process?

Thanks,

Gary Winglovitz
L.S. 8202

mpallamary · Post by **mpallamary** » Fri Apr 30, 2010 7:13 pm

Yes, If the title company cannot ascertain the beneficiaries by doing a beneficiary search, the QT process is the most expedient. As you may know, under a QT procedure, you need to make a diligent effort to locate anyone that may have an interest and you have to demonstrate to the court that you did this. If created by reservation, does the document identify the dominant tenement? I am asuming it is an easement appurtenant and not in gross. That could change the rules of the game.

I would also suggest you engage the title company to frame their report in the context of a litigation guarantee.

mpallamary · Post by **mpallamary** » Sat May 01, 2010 9:14 am

Try good scotch!

I had one several years ago very similar. Because the appurtenent interest was not mentioned, the title company argued it could be in gross as it was for a view easement to the ocean. This was because one of the neighbors claimed he had an interest in the view easement and that it was intended to benefit the neighborhood. Absent any identification of the dominant tenement, the neighbor claimed he had a right to it.

This involved a multi-million dollar home and as my client wanted to build a multi-multi-millon dollar home on the lot, we opted for the QT action. The neighbor couldn't prove up his position and we put it to rest.

GWinglovitz · Post by **GWinglovitz** » Mon May 03, 2010 7:50 am

Thanks for the information Mike!

Steve, I see your point, however I may have misled you a bit. I'm not sure if the deed in question was the creating deed and if the grantor did own adjoining property that the reserved road easement would have been for the benefit of. Furthermore the deed is not clear as to if the reserved easements are appurtenant to some adjoining property the grantor owned or if the easements are in gross. I will have the Title Company research this more to see when the easment was first reserved and how the property in question was actually created, and what the "parent property" was.

Thanks,

Gary Winglovitz
L.S. 8202