My question involves real estate located in the State of: North Carolina
Hi,
There's a landlocked property on my street that had an ingress & egress easement for over 30 years (since it was subdivided). 30+ years later, the property in front through which the easement passed was sold to a new owner. She somehow convinced the landlocked property owner to convey the easement back to her when she purchased. So even though her deed at property purchase lists the easement in it, the next day a separate deed was recorded with the landlocked property owner, in which the landlocked property (grantor) granted the easement to her (grantee) in fee simple.
IF that's a valid deed, then the landlocked property no longer had an easement and for the next 15+ years was traversing through the lady's property by handshake agreement.
Is this valid/legal? It makes no sense that most banks wouldn't let you purchase a landlocked property without an easement but if you can manipulate the owner into giving up their rights, anything goes and an attorney can do that? That totally screws the next owner, assuming the property can even be successfully sold.
Hi,
There's a landlocked property on my street that had an ingress & egress easement for over 30 years (since it was subdivided). 30+ years later, the property in front through which the easement passed was sold to a new owner. She somehow convinced the landlocked property owner to convey the easement back to her when she purchased. So even though her deed at property purchase lists the easement in it, the next day a separate deed was recorded with the landlocked property owner, in which the landlocked property (grantor) granted the easement to her (grantee) in fee simple.
IF that's a valid deed, then the landlocked property no longer had an easement and for the next 15+ years was traversing through the lady's property by handshake agreement.
Is this valid/legal? It makes no sense that most banks wouldn't let you purchase a landlocked property without an easement but if you can manipulate the owner into giving up their rights, anything goes and an attorney can do that? That totally screws the next owner, assuming the property can even be successfully sold.
Termination: Is It Legal to Terminate an Access Easement to a Landlocked Property
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