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An Easement to Yourself  

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RADAR
Posts: 4681
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(@dougie)
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Several people have told me; you can't grant an easement to yourself. The reason being; you own the properties, why would you need to give yourself permission to use it?

I'm of the opinion; you are not granting an easement to yourself; parcel A is granting an easement to parcel B. They both just happen to be owned by the same entity.

What's your opinion?

TIA

Dougie

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A Harris
Posts: 8223
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(@a-harris)
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You can create an easement thru one of your properties to another property you own that describes the use of and purpose of and place restrictions of use and list any rights to others and other terms of use.

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Peter Lothian
Posts: 435
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(@peter-lothian)
250+ posts
Joined: 8 years ago

I often see a "Declaration of Easements and Covenants" recorded for subdivisions prior to any lots being sold, so i say it depends on how you go about doing it.

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MightyMoe
Posts: 6206
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(@mightymoe)
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Funny you should bring that up today: Yesterday I had an attorney tell me it's fine to write an easement across one of my client's land to grant an easement to himself. 

Not sure how it's going to work but the client is stopping by today to go over it. 

 

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Norman Oklahoma
Posts: 4537
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(@norman-oklahoma)
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"Doctrine of Merger". 

Mic drop....

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1 Reply
aliquot
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(@aliquot)
Joined: 8 years ago

1,000+ posts
Posts: 1155

But merger means combining two (or more ) things into one. If an easement is created across something that is already one there is no merger. There is clear case law about what happens when a merger occurs, but there is not, as far as I have seen, clear case law invalidating easements prior to division. 

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