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If an owner (LLC) of a property grants an easement using it's DBA as the grantor, is the easement valid?

Goochland, VA |

Jones & Jones LLC owned a property to be subdivided. An easement was granted to the power company to run primary electricity, but the Grantor of the easement is Jones Construction, a DBA of Jones & Jones LLC. Is the easement valie?

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Attorney answers 1

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If by valid you mean binding, the answer is probably yes. As long as the person signing on behalf of the DBA was a person authorized to grant the easement, the LLC will be bound to the terms of the easement.

The other question is whether there is clear title to the easement holder. The answer to this depends on how the deed is drafted. If the easement is granted as JC, a DBA of J&J, LLC, and J&J LLC is the record title holder, then title is probably clear. if the easement is simply granted as JC, then you may have to have a new easement signed clearing up the chain of title.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.

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