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
1 Answer from Attorneys
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.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.