[WSBARP] Easement over US ground

[Schmidt & Yee]

I have this case now except other party is private party, not the USA. Title company is adamant that the easement runs with the land, is not personal to the original owner and is defending grantee that they do have an easement under the title insurance policy. So, you might want to get client's title policy to see if the title company insured it as part of the legal description.

Pam Yee

Schmidt & Yee, PC

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Thursday, June 27, 2019 2:51 PM
To: wsbar <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Easement over US ground

 

Original owner (hereinafter OO)and client’s  predecessor in interest gave a deed to the USA in 1950.  At the end of the deed it said “There is reserved to the Grantor a perpetual easement to reconstruct, operate and maintain the presently existing roads located upon the above-described property.”

OO then sold land that is near federal land that is  serviced by the old existing road to grantee #1.  He did not convey an easement over the federal land on the old existing road in question.

Grantee #1 then sold land to client. He also did not convey an easement over the federal land on the old existing road 

Client was stopped from maintaining road by federal agents.

 

I want to tell USA that my client can still use and maintain this road.

 

Any ideas given the fact that the easement was never put on subsequent deeds? 

 

Josh

 

 

 

 

 

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

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