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Trail & Other Access Easements

Pre-Existing Mortgages in Easement Transactions

Using Non-Disturbance and Subordination Agreements to Prevent Extinguishment and Comply with Tax Law

When a mortgage predates an easement on a property, the easement could be extinguished in a foreclosure if the owners default on their mortgage payments. And if the easement is to be donated and the donors wish to obtain tax benefits, additional complications arise. These problems can be avoided by obtaining an agreement from the mortgage holder appropriate to the circumstances.

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Aug 01, 2019
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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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Oct 06, 2017
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