Puerto Rico Subordination of Mortgage Lien to Easement and Right of Way In Puerto Rico, subordination of mortgage lien to easement and right of way is a legal process that allows for the prioritization of a mortgage lien over an existing easement or right of way on a property. This arrangement is often necessary when a property owner intends to secure financing through a mortgage, but a pre-existing easement or right of way exists on the property. By subordinating the mortgage lien, the property owner essentially agrees that the easement or right of way takes precedence over their mortgage. This means that in the event of a foreclosure or any legal action, the easement holder or party with the right of way has a superior claim on the property compared to the mortgage lender. There are different types of subordination of mortgage lien to easement and right of way in Puerto Rico, including: 1. Voluntary Subordination: A property owner may voluntarily choose to subordinate their mortgage lien to an existing easement or right of way. They do so to facilitate a smooth transaction or to comply with local regulations that prioritize public interest or access to a specific area. 2. Involuntary Subordination: In some cases, subordination of mortgage lien to easement and right of way may be required by law or government authorities. This could be for public infrastructure projects such as road expansion, utility installations, or public access enhancements. 3. Partial Subordination: Partial subordination occurs when only a portion of the mortgage lien is subordinated to the easement or right of way. This is common when the easement or right of way only affects a specific portion of the property. 4. Temporary Subordination: Temporary subordination occurs when the subordination agreement is valid for a specific period, usually during the construction or installation phase of a project that requires the easement or right of way. Once the project is completed, the mortgage lien resumes its priority. It is important for property owners in Puerto Rico to understand the implications of subordinating a mortgage lien to an easement or right of way. Consulting with a knowledgeable real estate attorney or legal professional is advisable to ensure a clear understanding of the agreements and protect their rights and interests. In conclusion, Puerto Rico subordination of mortgage lien to easement and right of way is a legal mechanism that establishes the priority of property rights. This process allows mortgage lenders and property owners to navigate the presence of easements and rights of way while still securing financing. Understanding the different types of subordination is crucial for property owners to make informed decisions and protect their investments.
Puerto Rico Subordinaton of Mortgage Lien to Easement and Right of Way
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FAQ
Easements in Gross In contrast, an easement in gross benefits a person or entity, rather than a parcel of land. If the property is sold to a new owner, the easement is typically transferred with the property.
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.
An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.
An affirmative easement gives the easement holder the right to do something on the grantor of the easement's land, such as travel on a road through the grantor's land.
Land affected or "burdened" by an easement is called a "servient estate," while the land or person benefited by the easement is known as the "dominant estate." It is the responsibility of the dominate estate holder for maintenance and upkeep of the easement.
