Missouri Subordination of Mortgage Lien to Easement and Right of Way: A Detailed Description In Missouri, the Subordination of Mortgage Lien to Easement and Right of Way is a legal process that allows a property owner to grant an easement or right of way over their property while keeping the mortgage lien intact. This means that the mortgage lien remains subordinate or secondary to the easement or right of way, allowing the easement holder or right of way user to have a specific legal interest in the property. There are different types of Missouri Subordination of Mortgage Lien to Easement and Right of Way, including: 1. Easement Subordination: When an individual or organization needs to establish an easement over a property that already has a mortgage lien, they can request a subordination. This subordination allows the easement holder to have priority rights over the property, even though there is an existing mortgage lien. 2. Right of Way Subordination: Similar to easement subordination, this type of subordination is sought when there is a need to establish a right of way over a property that is already subject to a mortgage lien. The right of way holder gains priority access rights, ensuring their passage and use of the designated area. The process of obtaining a Subordination of Mortgage Lien to Easement and Right of Way in Missouri generally involves the following steps: 1. Identify the need: The individual or organization seeking the subordination must establish a clear need for the easement or right of way. This could be for utility access, road maintenance, public services, or other reasons. 2. Agreement drafting: The property owner and the easement holder or right of way user negotiate and draft an agreement that outlines the terms, conditions, and restrictions governing the subordination. This agreement should be legally sound and duly executed by all parties involved. 3. Documentation and recording: The agreement is then documented and recorded in the land records of the county where the property is located. This step ensures the public's knowledge of the subordination and provides legal enforceability. 4. Consent from the mortgage lender: To complete the subordination process, the property owner must seek written consent from the mortgage lender. If the lender agrees to the subordination, they acknowledge that their mortgage lien will be secondary to the easement or right of way. It is crucial to consult with a qualified attorney or real estate professional experienced in Missouri laws when pursuing a Subordination of Mortgage Lien to Easement and Right of Way. Their expertise can guide you through the process, ensuring compliance with legal requirements and protecting all parties involved. In conclusion, the Subordination of Mortgage Lien to Easement and Right of Way in Missouri allows property owners to grant specific rights to easement holders or right of way users while maintaining the integrity of the mortgage lien. The process involves drafting an agreement, recording it, and obtaining consent from the mortgage lender. By understanding the various types and steps involved, individuals and organizations can navigate this legal process successfully and protect their rights and interests.
Missouri Subordinaton of Mortgage Lien to Easement and Right of Way
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The property subject to the easement is known as the ?burdened? or ?servient? parcel. The property that uses the easement is known as the ?benefited? or ?dominant? parcel. The California Civil Code lists eighteen explicit servitudes.
Hear this out loud PauseLitigation: When the Conveyance Is ?Subject To? an Easement A piece of real estate may be ?subject to? shared driveways and walking paths, or passages granted to utility companies for electric lines, gas lines, or sewer pipes. Easements can be small or large.
Hear this out loud PauseDominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate. [Last updated in July of 2021 by the Wex Definitions Team]
Easements may be created by an express grant or by prescription or necessity. An easement grants the owner of the dominant estate the right to use the land for a particular purpose, and such use may be on, under or above the land. Generally, the duty to maintain an easement rests with the owner of the dominant estate.
An easement intended to run with some benefitted land is called appurtenant to the benefitted land (also called the dominant tenement holding or dominant estate). Otherwise, the easement is personal to the grantee and is called in gross.
A private easement is an agreement between two property owners giving the owner of one property the right to use another's property for a specific purpose. For example, such an easement might be drawn up if a neighbor needs to run pipe under your property to get to their house. These may be freely granted or sold.
