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By Alaska Bear Mountain Lodge June 17, 2008
Thank you for joining Alaska Bear Mountain Lodge network. If you have some time check our website www.alaskabearmountainlodge.com for some up close and personal experience with Alaskan Bears! Don't forget to take a break and travel! Have a great summer! ...read more
"Once an easement, always and easement" (until the benefited parcel estinguishes it) It may not end up in the exact location it was in, and depending on the specific cases involved, there could be many outcomes, but the first thing you should do is notify the company that insured your title of the possible claim. The next step you could take is to have both surveyors start speaking with each other. They can go over their notes and compare their work and perhaps work it out between themselves. The best outcome would be if they could get together and decide which line is the correct line and locate the driveway easement together. At times, situations occur were there is an overlap. In other words, as both properties came up through the chain of title, there was a portion of land that overlapped. If this is the case in your situation, the deed that hit the record first with the overlap included in it is the one who actually owns the strip. In that case, a search on both pieces would have to be done to establish which description hit the record first. In any event, your first action should be to contact the title company that insured your title and notify them that there is a possible pending claim. Prompt notification is essential to insure your coverage under the terms of the policy. Read your policy. Depending on which form it is written on, you will have different requirements for notice. Whatever your policy says with regard to notice, be sure to also notify the underwriter who issued the policy. This should be done as quickly as possible. If you need additional information specific to your situation, please feel free to email me at contact@gillabstract.com. Sincerely, Nan Mia Gill ...read more
By Gill Abstract Corporation October 05, 2008
Today's marketplace is extremely competitive and our clients are extremely well educated in all aspects of the real estate transaction. In order to establish the highest and best use for the property you are marketing, your knowledge of easements is essential. Knowing what to do can often open the door to countless possibilities. For example, knowledge of easements and what easements benefit or encumber a property may open the door to establishing a value far in excess to that which was originally projected. First, let̢۪s cover the basics. An easement is the limited right of use givenby an owner to another party to use (usually) a portion of the owner's land.There are easements for ingress and egress, easements to utilize wells, easements to hook into a sewer or water lines, party wall easements and easements for electric or gas lines, just to name a few. An easement may either benefit or encumber a parcel of land. The benefited property is called the Dominate Estate and the encumbered property is called the Servient Estate. Certain obligations of the benefited party are often incorporated into the easement. For example, if a party is given the right of ingress and egress over a certain Right of Way located on the adjoining property, thebenefited partymay also have to assume the obligation of maintaining this right of way. Another example of this is when rights are given for the use of a neighbor's well. The party benefited by thewell easement may have to assume all or a percentage of the maintenance fees for the well. At times Mutual Easements are created. An example of a Mutual Easement is a Driveway Easement, wherein two (2) adjoining property owners have the mutual right to use a common driveway for ingress and egress to their respective garages. It is extremely important to have an accurate search done on a property to determine if there are any easements which encumber the property and just as importantly, to determine if there are any easements benefiting the property. Wouldn't you want to know if the parcel you are marketing has a 50' right of way to the road in the back which gives you an automatic access out, increasing the possible lot subdivision to 49 from 24 and cutting the cost of paving the road to almost half? You bet you would. And wouldn't you also want to know if 40 years ago your parcel was given rights to use a certain private beach? Music to my ears. On the flip side, you would also want to know if the parcel you were listing had a fifty (50) foot right of way running right down the middle of it or ifthe propertyhad a utility easement that would interfere with the placement of a warehouse. Reviewing the deed of record will not give you an accurate picture of what easements if any cross your property. If the deed does not recite a right of way or easement, and a right of way or easement was given by any of the parties in the chain of title that right of way or easement still exists. To accurately determine whether or not an easement or right of way encumbers the property in question, the chain of title must be established.Further, each and every conveyance that was made by any party in the chain of title must be read to see if an easement or right of way was given which encumbers the property. A standard title search will not disclose all possible easements that may benefit a parcel of land. A special "Grantee Search" or "Block and Lot Search" must be ordered to establish if any easements were conveyed byneighboring property ownerswhichbenefit your chain of title. Easements benefiting your property may increase its value and therefore should be explored at the earliest possible time. Easements and right of ways are extremely important when determining the highest and best use of Real Estate in today's marketplace. Bring your expertise in these matters to the forefront to best serve your client. For any specific questions, please feel free to contact us directly. Case Law For the So Inclined: It has been well established that "an easement created by grant, express or implied can only be extinguished by abandonment, conveyance, condemnation, or adverse possession." Gerbig v. Zumpano, 7 N.Y.2d 327 (1960). Non use of an easement does not render it void. The only way an easement can be estinguished is if the benefited party releases the easement. (McIntrye v. Estate of Keller NYLJ 21507 p. 19 col. 1 Supreme Ct., Bronx City Hunter,J.) Misuse or excessive use of an easement is cause for an injunction to be made against the errant party, but in not cause for the extinguishment of the easement. (McCullough v. Broad Exch. Co., 101 A.D. 566, affd. 184 N.Y. 592) New York case law has long held that express easements are determined by the intent of the parties. "A landowner burdened by an express easement of ingress and egress may narrow it, cover it over, gate it or fence it off, so long as the easement holder's right of passage is not impaired." Lewis v. Young New York Law Journal, 10/28/98 at page 25 "In the absence of a demonstrated intent to provide otherwise, a landowner, consonant with the beneficial use and development of its property, can move the right of way, so long as the landowner bears the expense of the relocation and so long as the change does not frustrate the parties' intent or object in creating the right of way, does not increase the burden on the easement holder, and does not significantly lessen the utility of the right of way." ...read more
By Gill Abstract Corporation September 21, 2008
Having motor insurance gives you peace of mind, and looking for motor insurance involves carefully comparing motor insurance. Comparing motor insurance will ensure that you receive a good insurance rate and a provider that will provide quality service when you need it most. ...read more
When you have booked a cruise, the last thing on your mind are the things that can go wrong. You probably are more concerned with the fun times ahead. Unfortunately, cruise travel insurance should come to mind, as not having coverage can create problems such as lost items or trip cancellation problems... ...read more