Q: Statement in a property deed: "with all and singular, the rights" Is this granting easement? if not then what?
A property deed having a 1066-acre tract was partitioned into 5 shares simultaneously, in the form that the partition was created 4 of the shares appear to be landlocked because no specific easements were mentioned. There is a statement in the deed: "To have and to hold the same, with all and singular, the rights, hereditaments, and appurtenances thereto in anywise belonging to A**** Trevino, their heirs and assigns, forever". My question: Does this statement grant easements? if not then what does "the rights" indicate in this statement?
A:
It does not grant an easement, but if there is an easement that already exists for the 1066-acre tract, that right is being conveyed to the grantee, along with any mineral rights, water rights, air rights, oil rights, development rights, rights-of-way, covenants, zoning rights, sewer rights, permits, licenses, timber or crops, etc.
The grantee isn't getting anything that doesn't already exist but, if it exists and is connected with the land being transferred, those rights are also being conveyed to Aurora Trevino with the land.
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