Easement question

[Cna629]

Looking to buy half of a three story duplex. The other side has a room on the third floor that crosses into our potential side. The party wall agreement grants an exclusive easement if the common wall does not fall on the common wall lot line “due to settling or any other reason.” Does this cover an entire room? Or could we potentially reclaim that room.

 

[quincy]

Looking to buy half of a three story duplex. The other side has a room on the third floor that crosses into our potential side. The party wall agreement grants an exclusive easement if the common wall does not fall on the common wall lot line “due to settling or any other reason.” Does this cover an entire room? Or could we potentially reclaim that room.

What is the name of your state, Cna629?

 

[HRZ]

YOur state might matter....

In general I would think you are NUTS to assume you could easily recover it wth the language you quoted.

Now just how to approach the problem sort of depends on where you are and how much the property is worth
BUt for starters If I was inclined to buy it I would use my attorney to draft the offer with terms consistent with what I sought done before closing and with specific performance written into deal....let seller sort it out ...the typical preprinted form is likely designed to protect the agent, the seller and lastly the buyer ....you want your attorney in this one up front..or walk away .

 

[quincy]

YOur state might matter....

In general I would think you are NUTS to assume you could easily recover it wth the language you quoted.

Now just how to approach the problem sort of depends on where you are and how much the property is worth
BUt for starters If I was inclined to buy it I would use my attorney to draft the offer with terms consistent with what I sought done before closing and with specific performance written into deal....let seller sort it out ...the typical preprinted form is likely designed to protect the agent, the seller and lastly the buyer ....you want your attorney in this one up front..or walk away .

Yes. The state matters.

 

[154NH773]

It says “any other reason”, so unless they extended the room without the knowlege of the seller, then that’s where the dividing line is.