Posted by Gayle on June 22, 2006 at 13:34:18:
I am going to take your advice and contact someone here. Again, Thanks for your patience and help!
Gayle
Merging titles - Posted by Gayle
Posted by Gayle on June 12, 2006 at 12:02:29:
If you purchase 2 properties that abutt each other from 2 different owners can the titles be merged into one title and what happens to any easements that are written?
Thank you,
Gayle
Re: Merging titles - Posted by BTI
Posted by BTI on June 16, 2006 at 13:25:05:
Gayle
It depends on the type of easement and who owns it. If it is just say, an easement over one property to get access to the second property, that kind of easement can easily be eliminated with recording the proper documents.
However if say a utility has an easement right, even if unused, your dealing with people who are reluctant to act on anything so you must allow a lot of time to getting that resolved and you wouldn’t want to build on the easement.
If it isn’t in the way of anything, then I might build and take care of it over time for say my personal residence. One state I built in had a merged interest doctrine and when I recorded 3 lots into 1 most everything was cleaned up automaticly, but that was a very long time ago in a county that still typed permits onto a plain blank paper that was signed and sent into storage never to be seen again.
BTI
Re: Merging titles - Posted by River City
Posted by River City on June 14, 2006 at 16:46:51:
Why would you want to merge the titles? Merging the titles might prevent you from splitting the properties at a later date, which means you would not be allowed to sell one property and keep the other.
Re: Merging titles - Posted by Gayle
Posted by Gayle on June 19, 2006 at 07:27:56:
What I am trying to do is purchase 2 smaller properties from 2 different owners and build a personal residence. One of the properties has a deeded easement for road access across other peoples property which I would like to keep in place. is it possible to merge the titles while retaining the easement language?
Thanks for your help and knowledge!
Re: Merging titles - Posted by Gayle
Posted by Gayle on June 15, 2006 at 07:53:00:
First, Thank you for responding. I want to buy 2 smaller properties combine them and build on them. Splitting them and selling them at a later date is not going to be an issue. I am more concerned about the easement language. If I am able to merge the titles, could the easement language that exists on one of the properties be carried to the new merged title? Again, Thank you for help!
Gayle
Re: Merging titles - Posted by BTI
Posted by BTI on June 19, 2006 at 10:19:49:
Gayle
When you say you want to ‘merge’ titles, for all intents and purposes that means turn the two lots into one. Now if there will be only one ‘new’ lot, the deeded portion for the easement will become part of the new lot just like the old lot it was attached to and will no longer exist.
Why in the world would you want to keep the easement in place unless you think you want the lots separate in the future? They are already separate, just keep them that way, if that’s your thinking. I have to confess, what your thinking is a total mystery to me.
BTI
Re: Merging titles - Posted by Gayle
Posted by Gayle on June 20, 2006 at 08:50:11:
BTI,
I’m sorry if I haven’t made myself clear.I am trying to buy property in a very specific location in a heavily wooded area on a very desirable lake. The exact spot is owned by 2 different people. Both are willing to sell to me. I am talking about multiple acres not just “a lot”. One of the properties is about 1 1/2 acres and the other is 5+ acres. The smaller property has the easement granting rights to use a road. The other property does not have this deeded easement. So what you are telling me is if I merge the titles I would lose all my easement rights? I guess to my way of thinking (correct me if I am wrong)I thought that if I merged the titles making it one property that had a written easement that it would be a plus if I had to sell a piece of the property at a later time, say for example: to cover unforseen medical expenses.
Thank you for taking the time to answer my questions.
Gayle
Re: Merging titles - Posted by BTI
Posted by BTI on June 20, 2006 at 09:50:53:
Gayle
Forget the merged titles, just own all the properties and you have the right to add easements, eliminate easements, because your the boss, you own everything. As long as the easements only effect the properties you own and are easements you own there is no problem.
Now in some states, you can’t sell landlocked property so if your keeping the properties separate you must have access in place to sell off some land later which usually means an easement.
BTI
Re: Merging titles - Posted by Gayle
Posted by Gayle on June 20, 2006 at 10:33:15:
The easement is for road access that runs across other people’s land, land that I would not be owning. Would you still recommend the same advice?
Re: Merging titles - Posted by BTI
Posted by BTI on June 21, 2006 at 10:59:27:
Gayle
It’s clear that we are getting the story a few pages at a time. Now I have the impression that your talking about an easement that serves the two parcels you want to buy but is not on the two parcels you want to buy, but run over someone elses land giving you road access to the parcels you want to buy.
I’m afraid I would need to see a parcel map and a total explaination of your concerns and that isn’t possible on this site. From what I gather now, is your concerned about an easement on someone elses property that benefits the property you want to buy.
Maybe someone else out here can see what your trying to convey, I’m lost.
BTI
Re: Merging titles - Posted by Gayle
Posted by Gayle on June 21, 2006 at 12:26:45:
I am trying to buy 2 parcels, one of which has a deeded easement that grants the current owner the right to use a road that crosses other people’s property to access another road where the mailboxes are located. The other parcel does not have this deeded easement. I would like to not only retain the easement but expand it to include the other parcel. Just to clarify, the structure that I plan on putting on the property would be located on the property line of both parcels. I am sorry if I am making this unclear, I guess I’m not doing a very good job of explaining the layout. Imagine an upside down “T” with the horizontal line being the road with the easement. At the very end on the right side of the horizontal line is where the mailboxes are located (1/3 of a mile). That part of the road crosses other people’s property. The property that I want to buy is located a little the right of the center vertical line and mainly to the left of the center vertical line. The vertical line represents about where I want tho build and almost everything to the left of the vertical line is the parcel that does not have the deeded easement. My concern is that if I but this proerty that I will lose the deeded easement language and end up having to drive way to heck and gone just to get to the mailbox. Again, I am so sorry if I am making this more confusing than need be. I hope this clarifies it a bit for you. I truly do appreciate you taking the time to try and understand and help me with my questions.
Thanks again,
Gayle
Re: Merging titles - Posted by BTI
Posted by BTI on June 22, 2006 at 09:39:46:
Gayle
O.K., what I see now is there are 3 parcels basically.
Parcel #1- you want to buy and has no easements on it.
Parcel #2- you want to buy and has no easements on it.
Parcel #3- owned by someone else that has a easement across it that serves Parcel #2.
I don’t see a problem, if you add Parcels #1 to parcel #2 that won’t destroy the easement over Parcel #3 unless there is some peculiar law in your state, or some kind of restriction in the easement such as it limits it use to only the land area it serves now.
I have dealt with this situation in 3 states and never had a problem, but getting an opinion from someone in your state seems like a good idea, for a start try talking to your local title insurance company and also getting a referral to an attorney in this specialty…
BTI