What is the difference between an easement and a warranty deed?

A warranty deed warrants that the grantor has good title, subject to any easements of record. A warranty deed transfer legal title. An easement is a permissive grant to use the property for the purpose specified in the grant of easement, but does not convey any legal ownership. Your facts are somewhat unclear.

How big does an easement have to be to move a road?

It means the easement goes outward 30 feet on each side of the existing road’s center line. The road may only be 15 or 20 feet wide. But the easement has room to move the road if it gets washed out or a portion of it sinks or becomes unusable. Easements do not always come in 60 foot widths.

How are appurtenant easements conveyed in a deed?

Appurtenant easements, unless expressly stated otherwise, are automatically conveyed with the land they benefit when the land is sold or otherwise transferred. They are said to “run with the land.” Thus, appurtenant easements do not have to be mentioned in the deed that conveys the lands they benefit, although it is a better practice to do so.

Which is the property benefitted by an easement?

The property which is benefitted by the easement, and for which the easement was created, is called the “dominant estate.” The parcel over which an easement runs is known as the “servient estate.” The sale of the servient estate does not terminate the appurtenant easement, despite the deed conveying the servient estate not mentioning the easement.

When do you buy a lot, is the easement size?

A common type of easement is a utility company’s right to access your home’s lot to maintain its power lines. When you purchase real property, existing easements are typically included in lot sizes, though size calculations may vary. When you buy real property, you receive a deed that becomes part of your property’s chain of title.

Can a utility company use a deeded easement?

If you live in a city, both the municipality and utility companies may have the legal right to run lines over your land or pipes below the soil. These easements may be transferred by deed, in which case they are called deeded easements. Sometimes an easement allows actual access into or through your property.

Where can I Find my deeded easement in San Francisco?

For example, in San Francisco, all property deeds are recorded at the San Francisco Assessor-Recorder’s Office that is located in City Hall. Since an easement is an interest in property, it can be transferred by a deed.

What do you need to know about a warranty deed?

Warranty deeds are legal documents prepared by an attorney or title company. They state the full names of the grantors and grantees. Additionally, a complete legal description of the property itself is included.

How does a special warranty deed reduce risk?

In a special warranty deed, the seller reduces his risk by limiting the warranty. The covenant of warranty in a special warranty deed looks like this: And grantor hereby binds grantor, grant- or’s heirs, executors, and administrators to warrant and forever defend all and singular the said premises unto the said grantee, his heirs, and assigns]

Why do I need an easement on my property?

Easements are placed on property so that another person or company may use a portion of the land for a specific purpose without having actual ownership or possession of that piece of the area.

Can a special warranty deed grant an easement?

Yes, an easement can be granted through a special warranty deed. If there is a recorded deeded easement through the land, it should be legally usable for ingress and egress (entry and exit) to the land through which it passes. In Oklahoma, there is an implied easement when a person grants/sells land which would be otherwise landlocked.

When do you need a warranty deed for a property?

A Warranty Deed is a real estate document used when a property owner (grantor) transfers land to a buyer (grantee), and wishes to make a guarantee that the property is free and clear of any encumbrances, like a lien or mortgage.

What happens when an easement is added to a deed?

The owner of the land benefits from the arrangement and the other party provides the easement. While the deal may not be written into the deed, it is often part of the conditions when the land is passed to a new owner unless the previous one released the easement.

How does an encumbrance in a warranty deed work?

An encumbrance does not prevent the title of the property from being transferred, but the grantee must be aware that an encumbrance will continue to exist even after the title is transferred to them. In a Warranty Deed, the grantor is guaranteeing that the title is free of encumbrances to the grantee (except for any listed in the document).