Thank you for responding NYer. Sorry you have to make a disclaimer like that to do a good deed.
You did bring up another question that I hadn’t thought of and that is what would happen to the easement in the case of foreclosure? Now I can investigate that.
The easement is a insignificant portion of a 9 acre parcel which was deeded in favor of several other parcels prior to the deed of trust for the construction loan. The area is to be zoned 10 acres minimums if the 2020 plan ever gets fully put in effect. I am told that it will be in a few years. I tell you that because it is the reason I think that no person or institution is going to see fit to go to much trouble to extinguish the easement. If for some reason the easement were extinguished, I believe a new owner would accept compensation to grant the easement again.(Not that It would be fun to have to go that route)
The financial risk on my part(dominent tenement) is not large. We have access from another point. So I am going to do it even with the risk you have explained. The benefit of the easement is that it meets developement requirements. It is more important to me than perfecting the other prescriptive easement which is too narrow for developement and includes much more distance and many more owners.
I am still curious as how buyers,lenders, appraisers, the planning dept., would be affected by the exclusion on my title policy if I sold, borrowed or wanted to develope the property via a tentative parcel map(lot split). I guess this reponse will give it one more chance for other poster to reply. If no one can answer I can ring some contacts. I know this is a pretty complex situation even for this high level blog.
