Q: Question about a deed conveying ownership of a landlocked portion of property.
A deed conveying ownership of a landlocked portion of property ends with this statement:
"The Grantor herein reserves any and all abutter's rights including access rights appurtenant to the property herein conveyed to a controlled access freeway provided that such property conveyed shall abut and have access to a frontage road."
Does this statement confirm an easement of necessity across seller’s remaining property (which is roadway accessible)? It appears almost excessive, covering a possibility the landlocked property conveyed may someday gain some other roadway access, while the Grantor loses theirs.
A: That sounds like an express Declaration of Easement that would otherwise be an Easement By Implication if the Grantor owns the servient lands where the ROW would traverse. A title search may disclose recorded easements on several tracts in that area. It may also be ultimately unenforceable for vagueness (and might be ignored), especially if the Grantor does not then own any tract in that area except what he conveyed. If he put it down this way, there is not much you can do about it unless you are an affected landowner and sue to Quiet Title.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
