Legal Question in Real Estate Law in Florida
Easement transfer
Our home is located behind another property on a dead-end road with no road frontage and access via a driveway that owners of the front property quit-claimed over to us 6 years ago intending to actually GIVE us the drive, not just an easement. Are selling our house and just found out that due to improper wording on quit-claim deed we have an easement, not ownership. Will this create a problem for potential buyer or are easements automatically transferred to the new owner? Assignor of quit-claim deed elderly and would not understand about doing over. If a problem, what do we do? Thank you.
2 Answers from Attorneys
Re: Easement transfer
If the easement runs with the land and it was properly recorded, then any buyer in the future will get title to the property subject to the easement, which is good for you. If the easement is only personal to you and expires upon the transfer of title, then a buyer may not get the benefit of the easement for the driveway. Without reviewing the recorded instrument it is impossible to give you any other guidance. Read the document and consult with a real estate lawyer in your county. Good luck.
Re: Easement transfer
It depends upon whether the easement was personal to you or intended to run with the land. Look at the wording used.
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