Quote:
Originally Posted by Bill14564
Note my post #105 above. I can read the easements section of my deed restrictions but I don't see 13'. Perhaps that number is in the restrictions for a different area which is why I asked someone to point to it.
Too often the reason given is "it's the law" when that isn't at all what the law says. "It must be in there somewhere" isn't evidence either. Documented on paper matters, "that's the way we've always done it" or "that's the way we want it done" means nothing.
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As I said, it might not specifically mention the 13' in YOUR deed. Your deed should give references to every Easement ever recorded against your piece of land, but it doesn't have to.
You need to read the ORIGINAL Grant of the Easement and your Deed will not necessarily mention 13'. Your Deed will refer to "matters of record" and those "matters" are where you'll find the original Grant and likely, a plan that shows the dimensions of the Easement.
Deeds vary in language. In most cases, an actually deed can be as simple as "... being the same property conveyed on ________________ and recorded at: _____________.
Which is why a Title search is so important. People accept Deeds that don't tell the whole story and Title companies gloss over this stuff. Your property is subject to: "anything of record", prior to your purchase.