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Can an owner grant a utility easement without involving their mortgage holder?
Posted: Sat May 13, 2023 9:16 am
by wingding
Can an owner grant a utility easement without involving their mortgage holder?
links etc?
Re: Can an owner grant a utility easement without involving their mortgage holder?
Posted: Sat May 13, 2023 9:39 am
by hellsangle
Heck no - the dominant tenant won't have perfected title!
Crazy Phil's two cents
Re: Can an owner grant a utility easement without involving their mortgage holder?
Posted: Mon May 15, 2023 12:19 pm
by CBarrett
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.