Easement changed, now what?

[mermaidmama]

What is the name of your state? WA

We agreed to an easement in a specific location. All agreed, deal went thru but now it is changing. If a specified area is agreed on, the purchase/sale agreement says that all parties to agree but now things have changed, are we still held to the original agreement to have an easement but it can be changed at a whim and we have to suck it up? Also it is a he said, she said that the easement was just going to be put off our land so we built, the easement location is no longer available because we were told "not to worry about it" and there was no response to our attorneys letter at the time. Now years later this is coming back to haunt us. Need help/advise. Thank you.

Also if there are covenants, how are they enforced when there is no HOA and just the property owners involved?

TIA

 

[nextwife]

What is the name of your state? WA

We agreed to an easement in a specific location. All agreed, deal went thru but now it is changing. If a specified area is agreed on, the purchase/sale agreement says that all parties to agree but now things have changed, are we still held to the original agreement to have an easement but it can be changed at a whim and we have to suck it up? Also it is a he said, she said that the easement was just going to be put off our land so we built, the easement location is no longer available because we were told "not to worry about it" and there was no response to our attorneys letter at the time. Now years later this is coming back to haunt us. Need help/advise. Thank you.

Also if there are covenants, how are they enforced when there is no HOA and just the property owners involved?

TIA

So this so-called easement was NEVER legally obtained, the legal description placed into an easement document and then recorded at the Register of Deeds office, AND you actually went ahead and BUILT a house that has NO legal access available?

HOW was this "easement" assured? In what way were you even given an easement?

 

[HomeGuru]

And why did your attorney let this happen?

 

[mermaidmama]

This was the 1st place I've purchased and no attorney was used until the problems started. (A valuable lesson for the future to have all papers reviewed before hand!) The easement is in the Sell/purchase agreement which was a price reduction as well. This is a septic easement for the other lots. We agreed that the septics would be in a specific location, both our realtor and the seller agreed and the document states that we'd all be in agreement but there is no verbage on the specific location and of course this was all recorded. The seller sold the other lots, then resurveyed and recorded new locations when we were the legal owners and that's when we hired an attorney. Now the lot owners want the location of the illegal, recorded survey. On top of that the seller is saying he never said that we didn't need to worry any longer as the septic was going on one of the other lots which is where the he said, she said comes in. The realtor did tell me not to worry about any thing as they were putting the septics on the other lot. Thus no response to our attorney's letter so we built and have our septic which we upgraded in the location I'd/we'd agreed to. My first response is let the seller buy the entire thing back from me (at my price) as I do not want this hassle nor the bad relationship with the other lot owners, all 5 of them. TIA

 

[seniorjudge]

If I understand you correctly, you have no easement because nothing is recorded in the land deed records.

Is that correct?

 

[HomeGuru]

If I understand you correctly, you have no easement because nothing is recorded in the land deed records.

Is that correct?

**A: not only has it not been recorded, it has not even been agreed to.

 

[nextwife]

Mermaidmama.

Establishing a VALID, transferable easement is very important. Not only does the area need to be clearly defined and legally described, but you need to review the title records, or have your and the title company attorney do so, to make certain that it does not violate any other pre-existing easements or ROWs, and that the party who is conveying it is legally entitled to do so (that they own all the land in which the easement lies. You also would have wanted to have a title company INSURE the easement, as conveyed, and to know that no prior mortgages, liens or judgment were attached to the land that would interfere with it's use, and that the correct parties were executing the docs.. Any prior lien-holders would have needed to "sign off" on a transfer that affected their collateral. Once the proper instrument creating the easement has been created, all necessary parties need to sign in front of a notary, and the document recorded.

It sounds like a lot of necessary steps were omitted.

 

[HomeGuru]

Mermaidmama.

Establishing a VALID, transferable easement is very important. Not only does the area need to be clearly defined and legally described, but you need to review the title records, or have your and the title company attorney do so, to make certain that it does not violate any other pre-existing easements or ROWs, and that the party who is conveying it is legally entitled to do so (that they own all the land in which the easement lies. You also would have wanted to have a title company INSURE the easement, as conveyed, and to know that no prior mortgages, liens or judgment were attached to the land that would interfere with it's use, and that the correct parties were executing the docs.. Any prior lien-holders would have needed to "sign off" on a transfer that affected their collateral. Once the proper instrument creating the easement has been created, all necessary parties need to sign in front of a notary, and the document recorded.

It sounds like a lot of necessary steps were omitted.

**A: ain't that the truth.

 

[mermaidmama]

There is only a legally recorded (I say this in jest as I know not if anything in this transaction is actually legal now) transport line for the easement (septic area) but no area was recored prior to the sale/purshase agreement for the septic area. But the sale/purchase agreement does say that we'd allow the septics on our land but only in agreement with all parties. Now the location has entirely changed from the verbal that we all agreed on. As I stated earlier, there is a recorded septic area (survey) but it was done after the fact when we were the legal owners and thus the seller tresspassed and recorded something that was not legal. I hope we are in a good position but the sale/purchase agreement states we agreed to have the other lots septics on our land so where does that put us now? Can a judge just rule that the septics can go where ever the judge thinks they should go? Do we have any arguement that we were hood-winked? Totally at a lose what to do. TIA

 

[HomeGuru]

There is only a legally recorded (I say this in jest as I know not if anything in this transaction is actually legal now) transport line for the easement (septic area) but no area was recored prior to the sale/purshase agreement for the septic area. But the sale/purchase agreement does say that we'd allow the septics on our land but only in agreement with all parties. Now the location has entirely changed from the verbal that we all agreed on. As I stated earlier, there is a recorded septic area (survey) but it was done after the fact when we were the legal owners and thus the seller tresspassed and recorded something that was not legal. I hope we are in a good position but the sale/purchase agreement states we agreed to have the other lots septics on our land so where does that put us now?


**A: in deep crap.

**********
Can a judge just rule that the septics can go where ever the judge thinks they should go?


**A: yes. Some judges are idiots while some are not.

*********
Do we have any arguement that we were hood-winked? Totally at a lose what to do. TIA

**A: yes you do have an argument. But t he other side will say, you could have used an attorney but did not. You did not complete your due diligence. You did not take action to mitigate your problems. Your bad, your fault, your problem.