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In plain English, what does "in personam" mean in the

Customer Question

In plain English, what does "in personam" mean in the following context/sentence:
This easement and this grant are “in personam” and not “in-gross” and shall automatically expire upon the death of the last living descendant of Grantee. The easement shall burden and run with the land as to the Easement Area and the Burdened Property.
Submitted: 6 months ago.
Category: Legal
Expert:  FamilyAttorney replied 6 months ago.

Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues, employment and contract law. I also have written hundreds of legal articles. I look forward to helping you today.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site.

At the end of this session, I will ask you to please rate me as that’s the only way I get credit for helping you today. Thanks! Please note: I want to help you but I may need some additional information from you.

Expert:  FamilyAttorney replied 6 months ago.

In personam means that the easement currently on the property is for the person and is available only for a specific person. It also means a personal right. This makes sense too because the rest of the paragraph explains that the easment is over when the last living descendent of the person (the grantee) dies.

In personam means that this follows the person (or as the case here, people, including the descendants) and doesn't follow the land. So that if someone else were to get this property, the easement would not be on the property. A real estate lawyer in CO would know what this means but this is a term that applies to all states and is a term used in real estate.

Expert:  FamilyAttorney replied 6 months ago.

In other words, this is not unique to CO but is available in all states.

Do you understand this concept? It's something obviously the lawyers you spoke with don't understand but real estate lawyers deal with this language all the time.

Please let me know if you need any more information and if you understand this as it is written.

Expert:  FamilyAttorney replied 6 months ago.

Hi, just checking in to see if you still need help with your question. I need to know if you understand this before I continue with your question. Thanks!

NYFamilyAttorney

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