Pennsylvania Subordination of Mortgage Lien to Easement and Right of Way refers to the legal process in the state of Pennsylvania where a mortgage lien is deliberately placed in a subordinate position to an existing easement or right of way. This legal agreement allows the holder of the easement or right of way to maintain their preferred rights over the property, while the mortgage lender accepts a secondary position regarding their lien. In Pennsylvania, there can be various types of subordination of mortgage lien to easement and right of way, including: 1. Voluntary Subordination: This occurs when the mortgage lender and the holder of the easement or right of way willingly enter into an agreement to subordinate the mortgage lien. It typically requires written consent from both parties involved and is often done to facilitate the ongoing use and maintenance of the easement or right of way. 2. Involuntary Subordination: This type of subordination occurs when a court order or other legal action requires the mortgage lien to be placed in a subordinate position to an easement or right of way. This may happen if the easement or right of way is deemed essential for public access, utilities, or other necessary purposes. 3. Partial Subordination: In some cases, only a portion of the mortgage lien may be subordinated to the easement or right of way. This type of subordination may happen if only a specific part of the property is affected by the easement or right of way, allowing the rest of the property to remain fully secured by the mortgage. It is important to note that the subordination of a mortgage lien to an easement or right of way does not remove the lien entirely. Instead, it affects the priority of the lien concerning the specific rights and usage of the property. When executing a Pennsylvania Subordination of Mortgage Lien to Easement and Right of Way, it is crucial to consult with a qualified real estate attorney to ensure compliance with state laws and to protect the interests of all parties involved.
Pennsylvania Subordinaton of Mortgage Lien to Easement and Right of Way
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Who owns and maintains an easement? The Property Owner continues to own the land and has only given up defined rights on the portion of land used for the easement. Maintenance of the property within the easement is the responsibility of the Property Owner.
Easements in Gross In contrast, an easement in gross benefits a person or entity, rather than a parcel of land. If the property is sold to a new owner, the easement is typically transferred with the property.
Land affected or "burdened" by an easement is called a "servient estate," while the land or person benefited by the easement is known as the "dominant estate." It is the responsibility of the dominate estate holder for maintenance and upkeep of the easement.
An affirmative easement gives the easement holder the right to do something on the grantor of the easement's land, such as travel on a road through the grantor's land.
Affirmative easements provide the dominant estate the right to utilize the land for the purpose of the easement, preventing what would otherwise be trespass. Negative easements provide the dominant estate the right to prohibit use of the servient estate, such as a light and air easement.
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.
An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.
