Easement to be Expunged?

[LS_8750]

A client owns three contiguous parcels.

Picture a section perhaps just for the sake of visualization, the southwest quarter split in half north to south. This SW quarter comprises Parcels 1 and 2 with Parcel 1 being the more westerly of the parcels. Parcel 3 would then be the NW, NE, SE quarters.

He went on to grant a road and utility easement across the westerly edge of Parcel 1. It leads from the county road north to the southern boundary of Parcel 3.

At the same time he granted a road and utility easement across the northerly boundary of Parcel 1 from east to west, so the two easements intersect at the NW corner of Parcel 1.

It's safe to say that the easements affect Parcel 1 for the benefit of Parcel 3.

But do the easements also affect Parcel 1 for the benefit of Parcel 2? Records do not show anything to say that Parcel 2 does not also benefit.

We are working on a lot line adjustment so that he call sell off Parcel 2.

The owner wants to assure that Parcel 2 will not acquire the benefit of these easements, so we need to formulate a statement that expunges usage of the easements by Parcel 2.

I plan to file a ROS for the LLA map after the COP. Can we just add a statement on the map that expunges Parcel 2 from these easements?

Thanks in advance.

Cheers.

[pls7809]

Putting a statement on an RS will not expunge the easement IMO. There would need to be some kind of recorded abandonment of some sort. Not sure of the proper document form to use, but stating the note on the RS will not have the desired effect.

[LS_8750]

True Ryan, thanks.
I should add that the new legal descriptions for the LLA will be based off the record of survey.
So then with adequate referencing, could this be done?

Cheers.
Clark

[pls7809]

Wouldn't this kind of be a "chicken before the egg" kind of thing? You need the RS done to write the legals from, but you need the LLA recorded so you can note the recording reference on the RS.

I would wait to file the RS until after the LLA is recorded, especially if you plan to monument the new boundary line.

[E_Page]

How was the easement created and who was it granted to? Was it a dedication by subdivision map or by deed. If on a map, did the municipality ever accept the dedication? If by deed, there had to be a grantee. Who was it?

Generally, the grantee of the easement (or current title holder of that estate) would have to execute a Quit Claim Deed in favor of the estate holding underlying fee of the easement.

If it was a roadway IOD on a PM, then you would have to check to see 1st if it was ever accepted. If not, a QCD executed by the municipality might do it. I don't know if they would need to do a vacation if it was rejected, but being an IOD, it doesn't just go away because the municipality can come back at any time to accept it, even if they had previously rejected. if they had accepted it, then you would need to go through the vacation/abandonment process. Unless it was never opened or has since been closed, most municipalities are very reluctant to vacate an existent RW.

[Ian Wilson]

How about a QC for the existing easement & replacing in with an exclusive easement. That cuts out Parcel 2.

Sometimes, the simplest is really the best.

[LS_8750]

Parcel 2 can quitclaim the easement back to the affected Parcel 1 and its done. Nice.

[rpost]

[Quote] "Wouldn't this kind of be a "chicken before the egg" kind of thing? You need the RS done to write the legals from, but you need the LLA recorded so you can note the recording reference on the RS."

"I would wait to file the RS until after the LLA is recorded, especially if you plan to monument the new boundary line."



I recently recorded a Record of Survey while recording a LLA. The County (El Dorado) actually forced me to do the Record of Survey as part of the LLA submittal and approval. These items recorded concurrently. I left space on each for the recording information of the other to be hand written in. It actually worked pretty well. The Record of Survey has the LLA information and the LLA has the Record of Survey information. Pretty sweet!