Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“We just had a title search done in the process of applying for an equity loan. The search shows an easement against the property, granted to a private lumber company by the state forestry. How can the CDF grant an easement to our private road to anybody, let alone a private business? The easement in question was recorded in 1983. This is all news to us. We never were asked or notified. We bought property in 1977 and title search at that time showed no easements.”
Question: I’m not aware of any special legal rights that the CDF has to do that sort of thing, unless they had some rights to your property prior to the time you purchased it. This is a question that requires some factual research, and the quickest way might be to call the CDF directly and ask. There may be a valid reason that they have the authority to do this, but if not you want to get this easement removed as soon as possible.
