Easement on Title Report - Deal Breaker?
Hello - I was wondering if there was someone that could kindly help me interpret this recorded easement that showed up on a Title report for one of my clients. I want to see whether this easement is a deal breaker. My questions specifically are:
1) Is the easement's location specifically defined? How much land does the easement take up?
2) What other conditions/provisions come along with the easement?
3) Can the easement be moved and?
I've attached the easement as well as the link to the online County map/parcel data. Any input would be much appreciated!
No doubt there are some surveyors here that can help you. First find one licensed in your state, then hire them to figure it out. I won't give you an opinion since I'm not licensed there.
If the easement is over land that will conflict with your intended use of the land, then you will have to decide for yourself.
Currently, I have a client that is selling their land and the buyer wants a prior iron ore deed deleted from the chain of title. That may or may not be a simple matter, Iron ore deed is from 1905 and it opens up a whole new can of worms that nobody has any clue of the result. It was probably to a now out of business with no one to worry about, but that is an unknown at this moment.
Moral, easements are for someone's needs and those needs would have to be ended with money or other relevant promises.
RPLS NE Texas
thank you very much all for your input! I spoke to the easement holder and they told me that they are not going to relinquish the easement however their understanding is that the easement can be moved anywhere. my client obviously wants something in writing or the easement rewritten to make this clear. can anyone provide insight as to what would be the right course of action here?
Update. We have reached out to the grantee/beneficiary and they are open to getting the easement officially moved and recorded to the East side of the property. They are under the impression that the current easement, as it is written, can be moved anywhere but we obviously we want to create a fixed location to avoid any potential disputes down the road. Is this something that'd be better suited for a land use attorney or a surveyor?