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Does anyone give life easements thru er property anymnore?

Customer Question
Does anyone give life...

Does anyone give life easements thru er property anymnore?

Lawyer's Assistant: What property use does the easement allow?

We own the land east of a gravel pit. The owners of the gravel pit have run thru our property for years and now they are selling and have promised the purchaser (a solar company) an easement. They DO NOT have a easement to sell. They want a LIFETIME easement. This easement is OUR haul road (we have a gravel pit east of thiers)we also own the property under and around the haul road, with a building site.

Lawyer's Assistant: Where is the property located?

Wright County-sorry I got dissconnected for a sec.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There was a lifetime easement granted 25yrs ago. But that gravel company has gone out of business and they did sign off of the easement and we recorded it with the Wright County land office.

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
8/5/2017
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,938
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. I will be the professional that will be assisting you.

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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

There are easements that are permanent in nature. If there is a recorded easement that does not expire that would run with the land indefinitely unless terminated.

"Termination of Easements

Easements will continue indefinitely unless terminated by one of the following methods:

  • Express Agreement. An easement holder and easement owner may decide by written agreement to terminate the easement.
  • Abandonment. An easement is abandoned when the easement holder takes affirmative action to permanently desert the easement. Non-use of the easement alone does not qualify as abandonment.
  • Merger. Pursuant to the doctrine of merger, an easement is extinguished if the owner of the dominant estate obtains title to the servient estate.
  • Ending by Necessity. An easement by necessity is terminated when there is no further need for the easement.

https://www.justia.com/real-estate/docs/easements.html

If the company does not have an easement they cannot sell the property with an easement.

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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago
Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.
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