So lengthy story brief. My mom is attempting to promote her property as a result of she wants to purchase a home for her retirement years — so she is promoting her land. This land is undeveloped business land zoned LMI (gentle manufacturing trade, 1 acre).
We had a purchaser, who backed out on the final minute as a result of they contacted the town and requested a plat of the land. This plat exhibits an space for a drainage easement going via it diagonally (image right here). As soon as the potential patrons noticed it, they backed out — and rightfully so! We had no thought concerning the easement (name it partial ignorance on my mother’s half).
Anyway, ever since, we have been attempting to get to the basis of this easement. Whether or not we are able to get it terminated or not. We discovered the town has no thought about this easement, they do not personal it or something. We contacted a realtor, and a lawyer, and so they could not return any info on it. The lawyer solely said looks as if its been offered that manner via earlier patrons of the land, and it was all the time simply included within the sale — even perhaps unbeknownst to the patrons — since our county’s parcel map website makes no point out of it. And the unique proprietor is handed away at this level.
Quick ahead to at the moment, I talked to an actual property legal professional at the moment who checked out my scenario and confirmed there isn’t any precise recorded easement there. What exists on the town plat is the one point out of it wherever. He additionally said, it perhaps greatest that i get a surveyor concerned, for them to “re-survey” the land. Then they’ll verify no easement exists, and likewise i may maybe do two issues: use the outcomes of their survey to convey to the town to take away the easement on the town plats, or two, learn how to re-direct the easement if we cannot take away it, to maybe make it extra attractive for any patrons in the event that they need to purchase it and construct on it. So i contacted a surveyor, defined my scenario to them, and they’re going to return my name.
We’re in hail mary phases right here, so we’re determined to know if we’re on the precise path to an answer. I’m attempting to get my mother her home, as a result of she is not loving the place she is staying proper now – and does a great job of reminding me. And I have been attempting to unravel this easement factor for greater than a yr now. Can anybody please throw some perception my manner?