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A driveway issue that seemed to be no problem. We were waiting for the neighbor to sign off on the less than a foot of encroachment. That neighbor waited til the 11th hour and then asked for an exorbitant amount to sign off.
Jeff Dowler, CRS
I have never seen a deal get derailed though I have seen it get very sticky. I have one now where a builder had to buy a lot because he had encroached over the side boundary line.
Jeff Dowler, CRS
Most have been related to boundary issues and nothing has surfaced(thankfully, so far) that hasn't been resolved to the satisfaction of all parties.
Jeff Dowler, CRS
We once had a Buyer interested in a property where we found the driveway was on the adjacent property. Next!!
Good morning Jeff. Absolutely, most of them work out, as many easements are old and have so effect on the use of the property.
Beach access is a common easement issue here, along with the usual easement issues like fence/driveway/walkway acccess.
Jeff Dowler CRS luckily enough, the only one I have come across is driveway of neighbors in my buyers property. And that was perfectly okay with my buyers.
Only a fence boundary dispute.... Thank God.
Once I did have a transaction where the entire property was not transferred properly by the previous title company, but was discovered early in the transaction. It was resolved prior to closing with no delay. They had to contact the previous title company and work behind the scenes.
I have been lucky so far!
I have had many fences in the easement, a couple of driveways, a shed and a few pools. Most were easy to deal with .. On the two pool occasions I helped sellers get an abandonment of the easement which took about a month and a few council meetings.
Those common driveways can lead to sticky issues relating to maintenance and snow removal. You need compatible neighbors.
Not in real estate sales, but we have these issues all the time with timber sales.
Jeff - I have never had an easement issue, but have had an encroachment issue on a couple of transactions. Both were resolved through communication with the neighbor, and dealing with the issue as nice, but at the same time, as aggressively as possible without pissing anyone off.
Both times the issues were resolved way before closing.
Oh yeah. There was a waterfront parcel many years back that the owner, prior to his death gave his next door neighbor an easement for the ENTIRE parcel. LOL! That derailed a sale and I believe resulted in a court battle.
Another was easier--a utility company bought an adjacent parcel to an office building, and the building did not retain an easement for their entire driveway (10 ft of 30). The property changed hands 3 times since the 70s without anyone noticing! We didn't have much trouble getting the utility company to record us one.
They come up here in the form of shared driveways more than anything else.
Simple easements can almost always be resolved. It gets trickier when you start talking about who is going to maintain private roads.
Seller had thought he had given a 33 ft easement to the buyer and actually gave 66 ft. Buyer sold back 33 ft sor a fee
Luckly I never have run into any easement issues.
we often see easements described in deeds... usually utility easements... but sometimes, an access that's an easement...a means of getting from one point to another by using someone else's land for the crossing.... it's common here...
Yes, happens fairly regularly. The most serious one was an encroachment on a utility easement that was not curable unless the structure was removed. The buyer still purchased the property though switching to a cash purchase and for a discount.
Other fairly regular ones are fences and air conditioning pads that can be resolved with variances.
Jeff Dowler CRS Once had a buyer who wanted to purchase a property at the end of a cul-de-sac. Turned out it was land locked. He purchased it anyway thinking he could get the County to approve a five or so foot easement granting access to the property. Approved only if he provided a one mile access road to the main road. Cost prohibitive! My advice was not to purchase the property without prior approval. He purchased it anyway.
Yes, an abandoned gas pipeline below the house caused a bust. We had to have the county get this resolved so we could resell the new home.
Only once many years ago. There was an oil pipeline easement issue. It went throught the center of the home. The buyers wanted to assume the liability beccause the home was unique. They had to sign waivers and did so. Not sure most would!
In one case it was shared ownership of driveway, lender said NO WAY.
Another was a 1960 constructed home with many serial owners that suddenly showed an easement going through the center of the house. Many hours spent without compensation to fix a city caused error.
Then the driveway that was on the wrong property. Got both owners to agreed to survey and deed the piece as needed. My efforts were repaid because I was selected to sell BOTH houses.
I had one last year that derailed a sale. I had a listing under contract with a home sale contingency. The listing agent of that house wasn't aware there was an easement along the right side of his listing that had a driveway that served the lot behind. The driveway was built off to the left of the easement where it should have been built. The homeowner behind that used the driveway didn't want to move his driveway. The owner of the home being sold didn't want to expand the easement so that the driveway was within the easement. Both sales fell through. Supposedly they both hored attorneys and surveyors, but thye were told it could be a year before they reached some type of agreement.
Fortunately, not yet, Jeff. We see easements on surveys all the time, but thus far nothing out of the ordinary. And I assume you were asking about easements, not encroachments.
Good morning Jeff I could see where easements can cause some angst.