Utah 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

An example of an implied easement is when one owner uses a dirt road over a neighbor's property to access a lake for years. There is no express permission or grant of that right, but it is implied that there is an easement to access the lake by the conduct of the parties.

For example, if the dominant parcel is landlocked and the owner cannot access the main road without driving through an access road that runs through the servient estate, an easement by implication may be created.

Elements. The elements needed to establish an implied easement by necessity are: (1) unity of ownership prior to separation, meaning both estates were once owned as a single unit or tract and (2) necessity for the easement at the time of severance. The traditional view requires strict necessity.

Involuntary conveyance is the transfer of real property without the owner's consent. This can take place in cases of condemnation due to neglect or natural disaster, failure to pay taxes, or the death of a property owner with no direct heirs.

An implied easement is one that is not written down. It is created by the circumstances of a particular configuration of land. Generally, for an implied easement to exist, there must be a need for it; if there is no need for an easement, there is no need for a property owner to give rights to access his land to others.

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.

For example, in a case where a landowner sold one parcel while retaining ownership of another, yet failed to reserve any water lines to service his home, the court held that a prior use easement existed.

Essential Elements of a Valid Deed Competent parties: grantor and grantee. Words of grant or operative words of conveyance. Sufficient description of the property to be conveyed. Proper execution.

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Utah Subordinaton of Mortgage Lien to Easement and Right of Way