Live from Cape County Commission

The commissioners have agreed to ask their consulting attorney, Morley Swingle for an opinion on a road easement for a County Road 522 parcel. Seems the property owner and his wife signed an easement but it wasn't recorded "in a timely fashion" according to Robb McClary, assistant to the comissioners.

The road has been paved, but McClary said the property owner wants to undo the easement. The man and his wife signed the easement, but prior to it begin recorded, the couple put the property into a trust, in the man's name only.

As McClary explained it, the trust constitutes a change in ownership; because the easement wasn't recorded until after the trust was created, it casts a shadow on the easement.

Second District Commissioner Jay Purcell suggested asking a real esteate attorney for an opinion -- because Swingle's last real estate opinion, on County Road 426, was superceded by John Lichtenegger's, the attorney the county later hired to clarify it.

 Presiding Commissioner Gerald Jones and 1st District Commisisoner Larry Bock agreed to have Swingle look at the easement but Jones instructed McClary to return to the commissioners if it appeared that an external opinion was needed.

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