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Access easement in Gross?

Posted: Mon Mar 16, 2009 8:00 am
by Scott
I have a client who wants an access easement written to be just to him for a certain parcel across another parcel. Is that even possible?

Posted: Mon Mar 16, 2009 9:39 am
by dmi
YES, PROVIDED THE PARTY ABLE TO GRANT THE EASEMENT WILL DO SO.
EASEMENTS FOR SUCH THINGS AS INGRESS AND EGRESS, WOULD BE CONSIDERED NECESSARY FOR THE ENJOYMENT OF THE PARCEL AND THEREFORE ARE APPURTENANT. EASEMENTS IN GROSS ,GENERALLY, FOR THINGS LIKE PIPELINES, TRANSMISSION LINES AND ARE GRANTED TO AN ENTITY FOR THOSE PURPOSES...

Posted: Tue Mar 17, 2009 12:34 pm
by goodgps
Those are called "exclusive easements" As Dane points out, it is really necessary to get all parties on board. Be also careful to have title dig in to find other "parties of interest" in the land being encumbered.

Encourage your client to have an attorney prepare the easement document verbage (not the legal desc) but y'know what I mean. You dont want some hidden random owner surfacing and suing everybody.

G