West Virginia Subordination of Mortgage Lien to Easement and Right of Way is a legal document that establishes the order of priority between a mortgage lien and an easement or right of way on a property located in West Virginia. This document is commonly used when there is a need to subordinate the mortgage lien to allow for the creation or modification of an easement or right of way. In West Virginia, there are different types of subordination of mortgage lien to easement and right of way, such as: 1. Voluntary Subordination: This occurs when the mortgagor willingly agrees to subordinate the mortgage lien to the easement or right of way. It is usually done to allow for the construction of infrastructure like roads, utilities, or other improvements that require an easement or right of way. 2. Involuntary Subordination: This type of subordination may be imposed by a court order or through eminent domain proceedings. It can happen when a government entity or public utility needs to establish an easement or right of way for public purposes, and the mortgage lien needs to be subordinated to allow for such use. 3. Partial Subordination: In some cases, the subordination of the mortgage lien may be partial, meaning that only a portion of the mortgage debt is subordinated to the easement or right of way. This can occur when the easement or right of way only affects a specific portion of the property, and the remaining portion is still subject to the mortgage lien. The purpose of subordination of mortgage lien to easement and right of way is to ensure that the rights of both the mortgage lender and the party benefiting from the easement or right of way are properly protected. By establishing the priority of these interests, it clarifies the respective rights and obligations of all parties involved. To execute a subordination of mortgage lien to easement and right of way in West Virginia, it is essential to consult with an experienced real estate attorney who can prepare the necessary legal documentation and ensure compliance with state laws. It is also advisable to involve all parties affected by the subordination, including the mortgage lender, property owner, and the party benefiting from the easement or right of way, to facilitate a smooth and legally binding process. Overall, West Virginia Subordination of Mortgage Lien to Easement and Right of Way is a critical legal instrument that allows for the proper balance of interests when dealing with mortgage liens and the establishment or modification of easements or rights of way in the state.
West Virginia Subordinaton of Mortgage Lien to Easement and Right of Way
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FAQ
Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no.
You'll want to check if you're the easement user, known as the dominant property, or if you're the property owner who must allow your neighbor to use your property, known as the servient property. The servient property owner cannot block the use of the easement.
An explicit easement requires proof of some form of writing ? for example, an act ? with the servitude described in specific terms. Other requirements to prove an easement by deed include signatures, a certificate of confirmation, and registration of the deed in the county where the property is located.
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 easement holder is deemed to have all rights necessarily incident to the enjoyment of the easement and its servitude, and the owner of the servient estate may not obstruct, interfere, or otherwise encroach upon the easement holder's use and enjoyment.
ARTICLE 9. RIGHT-OF-WAY. (a) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.
Landlocked parcels are typically the result of subdivisions or the division of a larger parcel of land into smaller parcels, which are sold off individually. Owners of a landlocked property can obtain an easement, which grants the right to cross over neighboring land to access the public road.
§ 704.01(1) (2021). Once created, the location of the easement cannot be changed without agreement. When an easement is blocked, the easement owner may pass over the adjoining land as far as is necessary to avoid the blockade.
