My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
Correspondence
Orono
>
Property Files
>
Street Address
>
B
>
Baldur Park Road
>
1340 Baldur Park Road - 08-117-23-31-0015
>
Puzak-Wingerd 2011
>
Correspondence
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
8/22/2023 5:43:32 PM
Creation date
1/8/2021 8:13:38 AM
Metadata
Fields
Template:
x Address Old
House Number
1340
Street Name
Baldur Park
Street Type
Road
Address
1340 Baldur Park Rd
PIN
0811723310015
Supplemental fields
ProcessedPID
Updated
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
24
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
Lidgerding v. Zignego, 80 N.W. 360, 361 (Minn. 1899). An easement appurtenant to land is a <br /> servitude upon one property for the benefit of another property, it is perpetual, and it is <br /> irrevocable regardless of alienation of land. Id. An easement in gross is a license to use the <br /> property of another that vests personally in an individual and is revocable by the grantor. <br /> Lidgerding, at 361. A right of way over land grated in gross is "personal... and hence not <br /> assignable" under Minnesota law. Id., see also Anderson, at *1. <br /> 1. The plain language of the 1948 Deed. <br /> The Supreme Court in Winston held, "A way `reserved,' as the word is used in a popular <br /> sense, is strictly an easement newly created, by a [second] grant from the grantee in the deed of <br /> the estate to the grantor." Winston, at 402. For an easement to be "in the deed of the estate of the <br /> grantor," is to say that the easement is appurtenant to the grantor's land. When a reserved <br /> easement is "newly created, by a grant from the grantee in the deed of the estate of the grantor," <br /> it is created by the grantee's deed, and arises in the grantor's estate as an operation of law. No <br /> memorial is needed in the deed of the estate of the grantor, as the grant of easement is <br /> memorialized in the grantee's deed. <br /> The 1948 Deed reserved, in the grantors, a driveway easement. By "reserving in the <br /> grantors" an easement, the 1948 Deed created a grant in the deed of the estate of the grantors. <br /> The easement is memorialized by the 1948 Deed itself. By operation of law,the easement <br /> created was appurtenant to the grantors' estate. The estate of the grantors at the time of the 1948 <br /> Deed was Lots 22-33, and that portion of Lot 21 not deeded to the grantee. <br /> A valid easement need not contain the words "heirs and assigns" to create an appurtenant <br /> easement. Lidgerding, at 361. However, when a valid easement includes the words "heirs and <br /> assigns" in the grant, an appurtenant easement is created as a matter of law. Id. The reservation <br /> 10 <br />
The URL can be used to link to this page
Your browser does not support the video tag.