Legal Question in Real Estate Law in Pennsylvania
Assignment of Appurtenances
Is it necessary to specifically record the legal description of an ''appurtenance'' on the dominant deed? A 2-acre lot (Lot AB) with an existing house and driveways (1 in front, 1 in back) was split into 2 separate 1-acre lots, Lot A and Lot B. A portion of the rear drive cut across a corner of the second lot, Lot B. An ingress/egress easement was retained for the original owner of the 2acres (AB)(his assigns, holders under, etc.etc.etc) and specifically described on the deed for the 2nd single acre, Lot B. Lot A has subsequently been sold 3 times, and there is no specific mention of the easement in any of the deeds for Lot A, only the metes and bounds of the lot. The deeds do say: ''With the appurtenances:'' (with the colon) but no legal description of any sort is listed or alluded to.
Use of the drive has been permitted (from owners of Lot B to Lot A), but Lot B is now ready to implement landscaping changes, and remove the drive area from Lot B. It is not a necessary ingress/egress area for Lot A, and is only a convenience. If desired, Lot A could turn the drive completely onto Lot A, and not cross Lot B. ????: Does failure to specifically assign the appurtenance release the easement?
1 Answer from Attorneys
Re: Assignment of Appurtenances
Hire an attorney. The question you ask is much to specific for this forum. Essentially you're asking us to give you a free opinion on which you will rely. If there is something we don't consider or if you interpret our advice wrong, who are you going to try to hold liable? That's right.
Sorry, but to answer your question would be malpractice.
Regards,
Roger Traversa
email: [email protected]
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