Legal Question in Real Estate Law in New Mexico

Hello,

I purchased 10 acres of land in the northeast corner of a 160 acre parcel. The seller had to get the 10 acres released from the mortgage holder, and as he had the mortgage 50% paid, the mortgage holder released the 10 acre parcel from the mortgage and I was given a warranty deed at closing.

The easement I was given for full ingress and egress by the seller crosses through the mortgaged land. This easment was surveyed at the same time as my 10 acre parcel was split from the 160 acres and was reviewed by the mortgage holder before they released the 10 acre parcel; however, I can't see where they actually signed anything giving me an easement--only the seller did for the 10 acre parcel.

Now the seller has defaulted on his mortgage and has lost his land back to the mortgage holder. Is my easement still valid? Will I still have an easement after the bank resells the neighboring land that I must cross through?

Thank you very much for your help!


Asked on 1/11/10, 12:04 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

The easement runs with the land, so a change in ownership of the underlying property does not void the easement. Yours should still be valid, but be aware that your documents should be examined by a competent real estate attorney to ensure they provide as you describe.

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Answered on 1/16/10, 1:38 pm


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