I'm trying to find out if there's a easement on my land all it says on my deed is subject to easements does that mean I have a easement or do not have a easement. Any help would be great thanks
Commercial Real Estate Attorney
You will see that language on virtually "every" deed filed. It is standard language. It does not mean there actually are liens. The language is there because an owner may not know if someone else (utility company, judgment creditor, sewer company, subdivision or condo association) has filed a lien for failure to pay required assessments. A utility company may have an easement lien allowing it to come on the property for maintenance purposes. When an owner sells his property he transfers title by a deed and on that deed should include that language so he is not guaranteeing against any liens that even the owner may not know.
For about $150.00, a title insurance company will do an investigation for you but will not guarantee the results for the amount. At least that will give you some assurance. An attorney can investigate that for you, but that would be more expensive. If you are buying, then you should get title insurance in any event. if you already purchased, you should have title insurance and that document will tell you about any liens.
This comment does not create an attorney-client relationship. The law and its application by the courts is constantly evolving and changing. This discussion is not to be taken as a definitive guide, and should not be relied upon to determine all fact situations. Each set of facts must be examined separately with the current case and statutory law analyzed and applied accordingly.
1 found this helpful