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Trail & Other Access Easements

Mortgage Subordination

When a mortgage precedes an easement on a property, there is no guaranty of perpetual enforceability of the easement unless the Mortgage Holder signs a document (sometimes called a "mortgage subordination") that allows the easement to survive a foreclosure of the mortgage. While not easy or quick to obtain, careful preparation that addresses the concerns of the mortgage holder can expedite the process.

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Last Modified
Oct 11, 2013
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Trail Easements

A landowner may convey to another person the rights to create a trail, open it for public use and maintain it without the owner giving up ownership and enjoyment of the land through which the trail passes.

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Apr 27, 2016
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