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An Easement to Yourself  

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aliquot
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Platted easements through lots owned by the same owner work becasue the deed says lot x of XXX plat. Lot x on the plat has an easment, so the easment is created by the deed.


 

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Awhitlock29
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I don’t believe that’s correct.  When creating an easment you are granting rights to an individual who owns the dominant estate, not to the dominant estate itself.

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RADAR
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I don't believe that's what he's saying...

Remember that guy that posted here a month or so ago; he owned 4 1/2 lots in the corner of a plat and was running a nursery business as one parcel, using all of the area within the platted lots. he finds out that there is a drainage and utility easement along an interior line of the lots he owns. The dominant estate was drainage and utility and it was created with the plat. the easement exists whether he likes it or not.

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Awhitlock29
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Yes but that easement was preexisting before he owned all 4 lots correct?  That easement was also likely granted for public  utilities and drainage purposes.  If that's the case the  those easement rights are granted to the city or another utility entity.  

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aliquot
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Posted by: Awhitlock29

I don’t believe that’s correct.  When creating an easment you are granting rights to an individual who owns the dominant estate, not to the dominant estate itself.

That philosophical argument doesnt matter for a platted easement though. It doesnt matter if the easement exists or not while the lots are in common ownership, but when a deed is executed that calls for a lot, and that lot includes an easement the deed would recreate the easement if it had been extinguished.    

Think about the platted easement as an offer of a easement. It is there as a promise to potential buyers. The only way to rescind the easement is to replat. Of course this theory may not work in states with week platting rules (where the people making the rules apparently can't read maps).   

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thebionicman
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The clean way to do it is reserve an easement when you dispose of the property.

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clearcut
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It is statutorily prohibited in the great State of Cali. 

Sections 805 & 811 of the Civil Code.

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Dave Karoly
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California statute has not caught up with reality yet.

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Brian.Gillooly
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It all depends on the language in the document. 
We haven’t had any issues adding language to survive merger of title.
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Steven Metelski
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In order for an easement to exist you need a dominant and a servient parcel.

Essentially, You cannot limit your bundle of rights to yourself. The only way that can happen is if you sell those rights to someone else that in turn may be granted an easement to access and utilize those specific bundles of rights.

 

Maybe you create a corporation that you own, but technically speaking, you're not the owner of those rights anymore. The company is.

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