There are a number of important details to remember when it comes to railroad easements. In this article, we are going to discuss a few things to keep in mind when dealing with railroad easements.
Railroad Easement Challenges
Railroad easements often present various challenges from a title insurance perspective. Perhaps the largest difficulty when dealing with railroad easements is determining how the railroad right of way area was originally acquired (whether as an easement, in fee, or by another method). Many railroads were developed a long time ago in an era that had completely different terminology from a title insurance perspective. Since most railroads date back a long time, it can also be difficult to track the changes in ownership throughout the history of title. This is especially true of smaller railroads.
Abandonment is another common issue when it comes to title insurance involving railroad easements. A property owner who has a railroad running through their property may believe that the railroad easement no longer applies if the railroad is abandoned. This may or may not be the case. In the state of Minnesota, you typically need a court order to confirm railroad abandonment. In other states, you may not need to go through the courts.
Insightful Commercial Title Solutions
Commercial Partners Title Company provides insightful solutions to any commercial transaction – from simple to complex. Our team of commercial title insurance experts can help you through all the details of your commercial real estate transaction, and provide answers to any questions you may have along the way. Contact us today at our offices in downtown Minneapolis to learn more and set up a time to chat about your next transaction. We provide commercial title services in Minnesota and throughout the United States.