Q: I am purchasing a lot next door that has an easement giving me a right of way to my otherwise landlocked home. In order to preserve this lot next door as a lot plus the easement, do I have to deed the property to a limited liability company?
I have been told that if I deed it to myself, the entire lot would become one giant easement, instead of a lot plus and easement.
A: Someone is giving you good information. If you are the beneficiary of an easement — in this case the easement gives you access to your landlocked property — and you buy that property, the easement is no longer needed and merges into the newly formed property.
The easement does not become a “giant easement.” The easement is eliminated.
Whoever gave you the advice of buying the property in the name of a limited liability company or in any other manner other than in the name in which your landlocked property is owned, is giving you sound advice to preserve the separation of the adjacent lot and easement.
But if you are consolidating the two properties and plan to always use them as one, you wouldn’t have to worry about the easement and could buy the adjacent property any way you want.
You may have various options in buying the adjacent property and you should really consult with a real estate attorney in your area.
I purchased a home which has an easement attached to the back yard. I believe it to be a utilities easement but am not sure. There is a subdivision directly behind my home with this 100ft easement and a small creek separating us. The subdivision says it belongs to them, but I was told that I could use it as I wanted, as long as I did not fence the entire thing or put up any permanent structures, by my realtor. I am having people from that subdivision walk thru the easement area with their dogs and staring into my home which I do not like. What can I do to stop this? Is there a way to purchase the easement? Who do I contact?