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easement signed by unauthorized person

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easement signed by unauthorized person (revised question)

What is the name of your state? wa :confused: Ok. Small words, short sentences. A couple files for an undisputed divorce. The Husband is eager to sell land, and does not want to wait until the divorce was final. The couple then gave limited power of attorney to each other. Husband was authorized to sign estranged wifes name as POA for only the named parcels he was to receive in the divorce. Wife got same authorizetion to sign estranged Husbands name to documents concerning any parcels she was to receive in divorce. This limited POA states it ends when the divorce is final. The limited power of attorney stated that no other parcel other than those named were covered by the document, for each of them. Wife received Block 31 and 1/2 of Block 32, and Husband received Block 33, 20, 21 in the divorce. Between the time the POA's were authorized, and the divorce was final, the Husband signed the estranged wifes name as POA on an easement agreement across Blocks 31, 32, 33, 20, and 21. Since Husband did not have the authority to sign Wifes name as POA on any document concerning the property going to her in the divorce, is the easement agreement invalid and unenforceable?
 
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BelizeBreeze

Senior Member
Good question. Now, place the POA and the Easement agreement, along with the deeds up to the monitor so we can read them.

Get the point?
 

HomeGuru

Senior Member
toastnjelly4all said:
What is the name of your state? wa
My parents filed for divorce in 1992, and also signed mutual documents for Limited Power of Attorney. My father given POA to sign mothers name to documents related to parcels he was receiving, and mother was given POA to sign fathers name to documents related to parcels she was receiving in the divorce settlement. One month after filing these documents, my father signed an easement agreement and signed mothers name as POA. This easement crosses several parcels of land, (blocks 31, 32, 33, 20, and 21) Block 31 and 1/2 of Block 32 are excluded from the list of parcels my father was given POA over. The documents state that no other parcel, other than what is listed in the agreement is covered. Does this make this easement agreement invalid and unenforceable? :confused:

**A: what a crazy set up. A couple divorces yet are given POA for each other? Their attorney's should be DOA.
 

HomeGuru

Senior Member
toastnjelly4all said:
Also, please read the other posts I have made, it will give you an idea of what is going on.


**A: I do not search other threads. It wastes my time and annoys the pigs.
Post the thread links right here if you want them read.
 
ok ty

I copied it, hope this is right... https://forum.freeadvice.com/showthread.php?t=216111 They filed this lawsuit saying they have an easement and we are blocking it. The easement was an agreement between Husband and another couple. Husband signed estranged wifes name to it as POA but now we find that he was not authorized to do so, since he did not have POA over any property to be given to Wife in settlement.
 
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