My question involves an easement in the state of: NC
What is the process to have a portion of a recorded deed corrected? The portion of the deed I wish to have corrected/omitted includes easement across my property without my permission or that of the previous owner. The attorney who prepared the deed and his clients A & B, refuse to provide requested documentation of an easement across my property. There is a recorded easement across my property for party A only. Party A then granted party B use of the easement across my property in a second deed between the two of them. In my extensive research of public records, no former deed of easement across my property exists for party B.
1. As the self-represented plaintiff in an easement dispute, soon to be assigned a court date, can I request the Court order the portion of the deed
concerning easement across my property to be corrected by the attorney who prepared it? The attorney refuses to speak with me.
2. Is this a mistake or a defect in the deed?
3. Would a Scrivener’s Affidavit be sufficient to remedy this issue, or should we pursue a Corrective deed?
4. As for the correct legal terminology, would this issue make the deed ineffective, defective or something else?
Thank you in advance for your advice.
What is the process to have a portion of a recorded deed corrected? The portion of the deed I wish to have corrected/omitted includes easement across my property without my permission or that of the previous owner. The attorney who prepared the deed and his clients A & B, refuse to provide requested documentation of an easement across my property. There is a recorded easement across my property for party A only. Party A then granted party B use of the easement across my property in a second deed between the two of them. In my extensive research of public records, no former deed of easement across my property exists for party B.
1. As the self-represented plaintiff in an easement dispute, soon to be assigned a court date, can I request the Court order the portion of the deed
concerning easement across my property to be corrected by the attorney who prepared it? The attorney refuses to speak with me.
2. Is this a mistake or a defect in the deed?
3. Would a Scrivener’s Affidavit be sufficient to remedy this issue, or should we pursue a Corrective deed?
4. As for the correct legal terminology, would this issue make the deed ineffective, defective or something else?
Thank you in advance for your advice.
Use and Enforcement: Can the Beneficiary of a Right-of-Way Grant Rights to Third Parties
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