Preamble question

[Scott]

In the preamble I say " All that portion of the real property as described in that certain Grant Deed...dated/recorded/Inst#... described as follows". Then I commence my description where the orginal commenced and I follow the same wording 'till I get to my easement line. If the previous Grant Deed is a simple "Lot" or "Parcel" description of a recorded parcel/final map, then I don't ref. the deed, but I do ref. the recorded parcel/final map and lot or parcel #. On a side note I heard in a seminar at Reno last year that you should use "real property as described" instead of "real property conveyed" because they might not be the same thing.

[Lee Hixson]

Based on your brief question, I would stick with the current vesting deed for the reference. Without more in the way of background, coming from the niceties of particular situations, I'm thinking that choosing to reference the original deed would only be necessary in special circumstances. For the most part, refer to the current deed.

[Scott]

I did not catch current vs original (creating) deed aspect. The only time I would have anything other than the current deed would be if some problem popped up and a Chain of Title search (cost money/time) was required. Something might pop up in a PreTitle Report(cost money/time), but again a PreTitle Report would not be available to me for this type of job (easement description). I stick with the most current deed because that is usually all I have. Now if I did have a chain of title available, I would have to look at each case individually, but I would lean towards the current.

[PLS7393]

It is a good rule of thumb to use the most recent document, because it would help in a chain of title for future research, if needed, without requesting a chain of title from a title company.

Same goes on subdivision maps & record of surveys, in the title block description. I've reviewed many maps where they reference the original rancho lands. I request they reference the current document since that is what your mapping.

[dmi]

Things to keep in mind
1. Who has the right to grant the easement?
2. Under what document did the grantor of the proposed easement acquire their current rights?
3. Is the Grantor's current vesting deed data properly referenced In the proposed legal description of the easement? In other words, is sufficient data referenced to find the recorded document?

Remember, that one cannot sell what one does not own, is an important concept related to easements as well as fee title transfers.

If I understand your question-
A sells to B
B grants an easement to C via deed that references the real property as conveyed to A
In my view this is problematic because A is not going to sign the grant for the easement. B is going to execute the easement deed and therefore it ought to be over property that B has a right to grant an easement over.

Now there may be some data that one would like to include from the conveyence document that granted title to A. This can be done, if done carefully so as not to confuse the issue as to the servient tenament.

An easement over a portion of the lands of B as described by deed......
Said lands of B also being known as/described as .....

Take care that the additional data does not defeat the intended purpose of the proposed grant.

[Steve Martin]

Mike is with Towill now.