Tuesday, August 21, 2012

Prescriptive easement?

On Oct 31, 7:35 am, ddl@danlan.*com (Dan Lanciani) wrote:
> In article <beibi31f3pge01vh01aroq9v2lvnd6k...@4ax.com>, mjacobs...@gmail.com
> (Mike Jacobs) writes:
>
> | In other words, as to the person who failed to act
> | promptly to record the interest he had acquired, you snooze, you lose.
>
> Does this apply to prescriptive easements?

If by "prescriptive easement" you mean an "easement of necessity" which arises by operation of law, e.g. so that a landlocked parcel can have access to a public road through the portion of a subdivided lot retained by the seller, I don't believe those need to be recorded, since they are not based on any deed or agreement between the parties, but on operation of law.  But as noted many times in this thread, rules do vary from state to state.  And I could be wrong, so don't try to take this as gospel or bet the farm on it.

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Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
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