California Subordinaton of Mortgage Lien to Easement and Right of Way

State:
Multi-State
Control #:
US-OG-1212
Format:
Word; 
Rich Text
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Description

This form is a subordination of mortgage lien to easement and right of way.

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FAQ

You'll want to check if you're the easement user, known as the dominant property, or if you're the property owner who must allow your neighbor to use your property, known as the servient property. The servient property owner cannot block the use of the easement.

You may be able to terminate an easement by creating a deed and extinguishing it. The dominant owner may decide to transfer the easement through deed to a servient owner. If the easement and servient land are owned by the same person, they can merge the two and terminate the easement.

Extinguishing Methods: There are several legal methods to extinguish an easement, including release, merger, destruction, abandonment, and adverse use. Legal Landscape: The process of extinguishing an easement is governed by various legal considerations.

An easement intended to run with some benefitted land is called appurtenant to the benefitted land (also called the dominant tenement holding or dominant estate). Otherwise, the easement is personal to the grantee and is called in gross.

Negligent maintenance is another issue. The servient estate owner is typically responsible for maintaining the easement, and when this duty is neglected, it can result in disputes. Poorly maintained easements can affect property values and functionality.

A private easement is an agreement between two property owners giving the owner of one property the right to use another's property for a specific purpose. For example, such an easement might be drawn up if a neighbor needs to run pipe under your property to get to their house. These may be freely granted or sold.

An easement is where a landowner gives another a limited right to use their land most often for reasonable access to things like roads, trails, parks or beaches. It is not an ownership right in the land, it is the mere right to use another's land for limited purposes.

The simplest way an easement can terminate is if the time period for the easement's existence expires. In such a case, the easement would have to have a time limit that was set at the time that the easement was created. When that time limit runs out, the easement simply expires and ceases to exist.

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California Subordinaton of Mortgage Lien to Easement and Right of Way