Posted by noncompos on December 22, 2007 at 15:39:50 from (65.102.20.70):
IN CA AND OR, DURING THE YEARS I WAS WORKING IN THOSE STATES,an access easement granted to a parcel of land was "appurtenant" to that parcel, and once of record, did NOT have to be set out in all the later deeds for that parcel as long as the deed states, or State usage accepts, that the parcel is conveyed "... with the tenements, heridataments and appurtenences thereof..." or some such "blanket" language. So: A buys 5ac with a road/util esmt to the public road, described in his recorded deed. A sells to B, B sells to C, C sells to D; none of the LATER deeds mentions the esmt, BUT since the esmt is an appurtenance, it goes automatically under the "blanket" language, and D has the right to use the esmt. So, if you're researching an esmt, and you find a deed that omits it, it doesn't necessarily mean you've found a break or abandonment of the esmt. This is especially true in older deeds; in later years, to avoid these questions, it became good form to include the esmt in each new deed. With sympathy, Bud
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