What does "Under and subject to those prior easements, covenants, reservations and restrictions as they may appear in the public record and such facts as would appear in an accurate survey of the property" mean? This statement is on my deed and makes me question as to whether or not I have an easement or something on the property. Nothing is listed on the deed and a recent professional survey showed nothing as such. Thank-you
Answered on: 9/23/13, 8:22 pm by Miriam Jacobson
There may have been easements, etc. created in previous deeds that are not repeated word for word in each succeeding deed, but are referenced by the words you quoted. All of those continue to affect the land. Facts that would appear in an accurate survey include those easements and also any observable markings on the land itself, such as paths, stone or other markers, fences, stands of trees and shrubbery, and trails that need not have been mentioned in written and recorded documents. The fact that nothing is listed on your deed, other than those words, does not mean there are no "prior easements, covenants, reservations and restrictions as they may appear in the public record."
If you purchased title insurance when you purchased the property, it would have recited exceptions, and listed each such easement, covenant, reservation and restriction by deed book and page number. It is possible to look at deed records and see what each of those records say.
A properly prepared professional survey should show all recorded easements, covenants, reservations and restrictions as they may appear in the public record as well as the observable markings on the land itself.
Your lawyer would be able to review the title insurance commitment, policy and survey with you and explain them.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
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