Can an owner grant a utility easement without involving their mortgage holder?
links etc?
Can an owner grant a utility easement without involving their mortgage holder?
-
wingding
- Posts: 74
- Joined: Sun May 10, 2015 9:04 am
-
hellsangle
- Posts: 681
- Joined: Tue Mar 06, 2007 8:31 am
- Location: Sonoma, CA
- Contact:
Re: Can an owner grant a utility easement without involving their mortgage holder?
Heck no - the dominant tenant won't have perfected title!
Crazy Phil's two cents
Crazy Phil's two cents
-
CBarrett
- Posts: 758
- Joined: Thu Dec 16, 2021 12:55 pm
Re: Can an owner grant a utility easement without involving their mortgage holder?
This is typically a title company matter.
Since it is not necessary to involve a title company to do a transfer of interest in a land, there is no mechanism to check for this. This means if there are documents out there causing a title problem, they are likely to stand till they are contested.
If you are recommending a process, make sure title company and a lien/mortgage holders are addressed properly during the escrow process.
This, however is outside of the Land Surveyor expertise, beyond knowing we/they are out of their depth giving this advice, and leaving it to title professionals.
Since it is not necessary to involve a title company to do a transfer of interest in a land, there is no mechanism to check for this. This means if there are documents out there causing a title problem, they are likely to stand till they are contested.
If you are recommending a process, make sure title company and a lien/mortgage holders are addressed properly during the escrow process.
This, however is outside of the Land Surveyor expertise, beyond knowing we/they are out of their depth giving this advice, and leaving it to title professionals.