Legal Question in Real Estate Law in Pennsylvania

We granted an easement and R/W to an individual who was purchasing an adjoining property to my fathers estate. It was done because a garage that sold with the adjoining property was actually on our property. What was agreed upon was just enough to grant ingress,egress or regress for vehicular and pedestrian traffic to access the garage. My son is in the initial process of purchasing my fathers' estate. While searching the deed, I noticed that the easement replaced my fathers deed instrument and shows the individual as the owner and not my father! Could this have been a mistake by someone in the office doing the paperwork and how do we resolve this, so my son can go forward with the purchase? Thank you, Linda O


Asked on 4/12/10, 5:17 am

1 Answer from Attorneys
Matthew Kelly Kelly Law

Hi, it would be very unlikely that an easement/ROW conveyed ownership of the property. Has a title company told you this or is this a result of your own search? Perhaps you are reading the title records incorrectly. The easiest way to resolve this is to look at the recorded easement. What does it say? It should say that the grantor hereby conveys an easement and ROW for ingress....over the following described lands or as shown on some attached plan. If that is all it says, the ownership (fee) wasn't conveyed. If instead it says the grantor hereby conveys the following fee interest to grantee, well, then you have a problem.

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Answered on 4/17/10, 5:58 am


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