Thursday, June 14, 2012

Let's not "gravel" about Easements.. ok?

What have I been preoccupied with of late..


Easements and Private Road Agreements
(You have to say it like "Eeeeeeeeasements" ..so that it hangs in your ear for a while.)

Imagine this:

Houses numbered 1-9.  I list house #8.  We find a buyer.  She's a veteran - just returned from Iraq. 

The house is near the end of a Private Road.  The title company won't insure the access to this house because there is no easement on file at the County Engineers office.  (Insert my best "bear growl" here...)

An easement allows someone to access their property thru another persons property.  In this case house #1 allows houses # 2-8 to drive across a small portion of their property to get home.  House #2 allows #3-8.. and so on. 



(In the course of all of this I have found out that an easement to someone's home CANNOT be denied.  A judge will order the property owner to grant an easement to the needy homeowner.) 

BUT, who has time to wait for a judge?  We have a VET who needs to get in her house so....




I'm off to get some easement docs signed on this beautiful summer day.

Matt and the girls came with of course.. it sounded like something we could have fun doing together, right?


There were some nice neighbors.  We got to hold this baby duck and the homeowner let E name it.  Put on the spot to quickly name a duck before we moved to the next house.. E blurted out "QUACKIE!"  And the owner said.. "Quakie, it is!"

Of course shortly thereafter the girls had to use the restroom so Matt drove off to take care of business and left me to hoof it.


This is the exact spot I tweeted about the sequence and the easement docs!

Hmm, did I get all the names?  It's almost hard to believe considering 2 of the deeded homeowners are deceased, one is in a nursing home several counties away, and one land owner is possibly the most cantankerous, full-of-it, eccentric person I've EVER met.. BUT man... I would LOVE to hear more of her hair brained stories (..even though I probably won't believe a word of them.)


(Not actually her.. but you she gives you an idea..)

....Yes!  I got all the signatures.  (Except from the deceased.. although for a minute there I thought the title company was going to push me on those.  Geesh!)

What's the lesson in this story for YOU:  Do you live on a Private Road?  Do you NOT have a Private Roadway Maintenance Agreement -- be it however vague or generic?  Is your road NOT maintained by the county?  Does your title policy exempt your access to your property?  Do you have a deceased relative listed on your deed?



If you answered YES to ANY of these questions.. Check on it BEFORE you list it -- Call me I'll try to help.  It will save you some time and a headache or two later... not to mention white rock is HARD on your realtors strappy leather sandals!



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