Does "south 3 ft." on my prop deed create an enforceable easement? Does that create an easement for 3 ft. or the entire length?

The property deed grants an easement stating "for the south 3 feet of said property" for conduits.

Los Angeles, CA -

Attorney Answers (3)

Antoinette Cara Liewen

Antoinette Cara Liewen

Real Estate Attorney - Camarillo, CA
Answered

It's necessary to review the whole legal description, not just a few words.

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Michael Raymond Daymude

Michael Raymond Daymude

Real Estate Attorney - Sherman Oaks, CA
Answered

I agree the entire legal description needs to be consulted. Having said that my interpretation is that on the southerly boundary of the property there is an easement for the benefit of (someone or entity) for conduits. The easement runs the entire length of the southerly boundary 3’ in. So, if the southerly boundary is 20’ the easement is a strip of land 3’ x 20’. Still, in any particular circumstance the description may be ambiguous and prior use or other evidence of the intent of the grantor may be important.

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Michael T Millar

Michael T Millar

Real Estate Attorney - Toms River, NJ
Answered

One would have to read the entire deed - and would want to know if the conduits are actually already in place to understand what was intended when the easement was created.

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