- Driveway/Road Agreements
- Water Well Agreements
An attorney often prepares deeds, easements, and road agreements to clear up ownership issues to property, give access to a property, or create a shared driveway or water well agreement. Owning real estate can present situations where a deed is necessary to transfer ownership or clear up a past ownership problem on title.
Easements for use of roads or other matters also occasionally need to be prepared. Particularly with rural properties, shared road agreements and water well agreements become necessary in order to address the issue of shared maintenance between multiple parties.
Occasionally, two homes in a subdivision will share a driveway, which also requires an agreement concerning usage and maintenance. Additionally, issues sometimes occur concerning buildings or fences encroaching on a neighboring property.
Most real estate issues can be resolved by drafting the appropriate documents for everyone’s signature and litigation usually is not necessary unless there is dispute.
What is the difference between a General Warranty Deed, Special Warranty Deed, and Quit Claim Deed?
A Special Warranty Deed limits the warranty made by the seller in defending against lawful claims. The seller only agrees to defend against those actions the seller was responsible for during the time of their ownership of the property. This means that full clear title is not warranted. When lenders foreclose on property, they usually refuse to use anything other than a Special Warranty Deed to transfer the real estate to a new buyer because they do not want to take on any liability for issues on the title created at any time prior to their ownership of the property after the foreclosure.
Quit Claim Deeds are often used when a General Warranty Deed or Special Warranty Deed should be used instead. In a Quit Claim Deed, there are no warranties, so it is the least desirable to purchasers. When transferring property between owners, it is best to keep the chain of warranties in tact by using a General Warranty Deed to transfer the real estate. In addition to containing no warranties, a Quit Claim Deed simply conveys whatever title interest the granting party has. If they have no interest, it conveys nothing. The most appropriate use of a Quit Claim Deed is when a party may or may not have an ownership or lien interest in the property and it is necessary to have the party release or grant that potential interest to the current owner in order to clear up title defects.
What is a Beneficiary Deed and how does real estate avoid probate by using it?
**Special caution must be used when only one spouse owns property and desires to utilize a Beneficiary Deed since a real estate attorney must draft specific language for the deed regarding the signature of the non-owner spouse.
How do you determine whether to own the property as Tenants in Common, Joint Tenants, or Tenants by the Entireties when property is owned by more than one person?
What is an easement?
An easement is an interest held in the land of another person where the right of partial use of the land is given for a general or specific purpose. An easement restricts but does not reduce the rights of the owner to the use of their own land. Easements are generally created by either an express grant of a right to another or by reserving a right for oneself when making a deed of property. There are two basic classifications of easements: “in gross” and “appurtenant.” An in gross easement is a personal right to use land and is only given to one specific person and cannot be utilized by others unless that person assigns the right to another. An appurtenant easement runs with the land and will continue to be effective as to every future owner of the land indefinitely, unless expiration is expressly provided for or until it is released.