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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31737
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I received an easement to build a bridge where one abutment

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I received an easement to build a bridge where one abutment sat on a very small portion of another person's land. Afterwards, I found that the current owner had lost the property in a tax auction to another person, but still had 9 months to pay the back taxes. The current owner it still listed as the property owner on the deed and the county tax office said that yes, the current owner was still the legal owner of the property. Will the easment stand when the "new" owner takes posession. I plan to have the easement recorded on the deed to the property.
Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for allowing me to assist you.

As long as the easement was given to you by the owner of the property (who was the owner at the time), then the easement should be valid and should run with the land infinitely. Unless stated on the easement document, easements never expire (with a few exceptions, like abandonment).

You do need to record your easement as soon as you can to make sure there's no issue with it being recorded AFTER the owner that gave you the easement loses the property.

As long as that is accomplished, your easement will be established, and it will remain an easement against any subsequent owner.

Customer: replied 4 years ago.

OK. That is what we thought. However the tax records show he lost it in 2011, but that the "new" owner will take ownership in March or April 2014 if the taxes are not paid. So we still should be OK even though he "lost" the property in 2011. ( I know this sounds like a repeat question in a way).

As long as title has not transferred - - meaning that there's no recorded deed that shows the current owner has transferred (voluntarily or by force) his property to someone else.

Also, it would be even better if the new owner will give you an easement after he obtains title to the property just to make certain that there's no issue.
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Thanks again for allowing me to assist you. If you need any additional questions answered, please let me know.