Greensburg, PA asked in Real Estate Law for Ohio

Q: What does this statement in my deed mean (omitted names, page #s, etc):

I bought a property and the neighbors are claiming they have an easement further into our property than we were made aware of. The easement in several places of the deed reads as being “18’ wide easement from south line of 10acre tract.” Then at the very end of the deed is this statement, “said easement is shown on this plat, however no calls are contained with the deed of record for the 18’ wide easement for ingress and egress to the lands. This easement is based on the existing location of the path as of November 5 2015.” I don’t understand this last statement. What is a call and does this say the easement is now located on the existing path on the property? Thanks.

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: Whether or not you were "aware," does not matter. Your property is subject to the terms of the recorded document that established the easement. However, sometimes there is sloppy drafting when an easement is created, which might be true here. A "call" is the distance and direction specified by a surveyor to locate boundary lines and easements. The easement might lie along the center line of the path as it existed when it was created, or in the location to which it might have changed subsequently. Use the Find a Lawyer tab to retain a local real estate attorney to review the recorded deed and any other recorded documents in the chain of title to advise you. You might also need a surveyor.

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