Legal Question in Real Estate Law in Florida

Real estate/ easement

I am in the process of buying a small commercial property-- zero lot line. I have a signed easement from the the adjacent landowner which allow ingress and egress to the back of the property. However the Title Insurance company involved will not insure the easement because the LENDER (mortgage holder)of the land that the easement runs thru refuses to sign off on the easement. Please advise. Thank You !


Asked on 6/05/07, 6:02 pm

3 Answers from Attorneys
Richard Georges Richard M. Georges, P.A.

Re: Real estate/ easement

An easement is a burden on the servient tenement,and the lender is within its rights not to accept it. However, if the ingress egress easement is required (easement by necessity) in order to access the property, it may be established by litigation. for the time being, you need to search for a lender who will accept the easement.

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Answered on 6/05/07, 6:10 pm
Jean Winters Winters & Winters, PA

Re: Real estate/ easement

The Lender has a right to its collateral in the same condition as it was at the time the loan was made. Should that lender foreclose on the property burdened by the easement, they could "wipe out" the easement. The easement is subordinate to the mortgage.

There are a number of reasons the lender may not agree to the easement. Or, the Lender may be willing to agree if the Seller pays a release fee. Was the easement a part of the sales contract?

These are questions you need to discuss with a real estate attorney.

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Answered on 6/05/07, 7:41 pm
Johm Smith tom's

Re: Real estate/ easement

These are both good answers. You need to consult with an attorney who can determine your chances of winning an easement in court.

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Answered on 6/05/07, 10:07 pm


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