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Real-estate lawyers or Planniong and Zoning people

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Real-estate lawyers or Planniong and Zoning people

 
Old 12-03-2015, 08:01 PM
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tomsws6
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Default Real-estate lawyers or Planniong and Zoning people

Before we get started, I am waiting on my lawyers but its like pulling teeth.. I am looking for anyone that has knowledge or experience with easements dealing with private property and residence(not utility or state easements).

Back story - My wife and I sold our little house on December 4th 2014. We pretty much broke even but it was gone as we were talking with a builder about building a house. We settled with a cape cod on 13 acres and a deposit was given and drawings made. This was all planned and paid for 6 months before we sold our house. Long story short, it fell through as of this time today they still haven't broke ground(new farmette)..

We purchased this to live in until the house was built or found another house... Love it... edit: look below as I dont know what Im doing....



Well we found a house(foreclosure) and love it. Its large and has plenty of room. The best part is its on 7 acres with a separate 40x40 stick built garage and a 60x100 large pole building. Anyway we went through the bidding process, inspections, documents, and saved our butts off to buy it. We are scheduled to close DEC 11th. I happened to drive out to the house with the realtor to double check on the kitchen appliance sizes and as I'm pulling up there is the previous owners company truck pulling a small utility trailer. I stopped them to ask what they were doing and they told me the owner said they had right of way to go through my property to get to another parcel he had behind mine and dump debris and other things. My realtor had no knowledge of this. So we called the closing lawyer and they said there was an easement but it only stated it in "general language".

I have about googled myself to death and am not coming up with any definitive answers. Such as , since its my property do I dictate were they can access it? The only information that keeps coming up has to deal with "State Easements , tax ditch easements, and utility's".. Nothing to do with person to person easements. If I can upload it correctly I will show you there path of travel. There is a stone driveway off of mine that goes to another dwelling and that is fine and dandy. Its not evasive at all, but the way that they travel I just despise and its a liability to myself and them..But whats to stop him from putting a home on both his lots behind me and therefor me having to provide the easement to allow there residence to go back there? At that point I would basically living in a development.

I have 2 kids, 7 and 8, who love to play outside and explore.. Whats to say that I have the garage open and they come running out of the garage while there truck is coming up the drive? There is no privacy at all. I don't know them at all and who they have working for them. Who's to say they don't have a pedophile working for them and they have to cross my land with my kids out side? Sorry for the long story and run on sentences but its just frustrating and a stressful situation for the whole family. Its a big camper but after a yr its not big enough and I really hate to have the kids spend another Christmas in a camper. Their troopers and think of it as an adventure but... So help or suggestion would be great. As stated before I am still waiting on information from the "professionals" but Id like to have an idea of what I dealing with..

The blue is the property outline while the black is the previous owners property. The red is there current route of travel and as you can see it cuts right between my house and garage.. So there is no privacy and could be a dangerous situation for us both.
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Last edited by tomsws6; 12-03-2015 at 08:02 PM.
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Old 12-03-2015, 08:06 PM
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Call the EPA and turn them in for dumping hazardous waste.
Then build a fence.

Last edited by beep-beep; 12-04-2015 at 02:26 AM.
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Old 12-03-2015, 08:12 PM
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Here in Florida, there are hundreds of properties that are situated like the one you describe above - exactly.

Have you tried looking at the on line property appraiser for you county to see if that is really an access road? It would show that either there or within the county's on line GIS application.

Last edited by jd; 12-03-2015 at 08:12 PM.
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Old 12-03-2015, 10:13 PM
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Every state has different rules about access to blind property but access by an non-owner is a slam dunk. No go for sure. Register your "No Trespass" with the county clerks office and build yourself a fence and post the signs.

Also call the Sheriff and report the illegal dump.
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Old 12-03-2015, 10:28 PM
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In Missouri if the property can't be accessed any other way, and an easement has been given, it transfers whenever the property is sold. If you deny access, the owner of the land locked property can file suit against you and has the right to cut off any locks that you may have put on gates to keep him out. The property owner has the right to give authorization to anyone to access HIS property.

Last edited by Dean2144; 12-03-2015 at 10:30 PM. Reason: Added more
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Old 12-03-2015, 10:38 PM
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Call the cops on them for trespassing ......

Last edited by Sunset-C6; 12-03-2015 at 10:40 PM.
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Old 12-03-2015, 10:53 PM
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Sounds pretty crappy, hope you get it worked out in your favor.
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Old 12-03-2015, 11:03 PM
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Every state is and can be different but you could be stuck with an easement that you will have to honor. Probly to late but I think I'd keep looking. Zoning administrator for 15 years.
I saw many easements that were very close to what you have described and your only alternative might be to buy him out if he's willing to sell at his price. I'm not offering legal advice but I think I would run.
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Old 12-03-2015, 11:25 PM
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He's dumping debris behind your house? That does not sound good...
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Old 12-04-2015, 02:27 AM
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Originally Posted by Meh View Post
He's dumping debris behind your house? That does not sound good...
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Old 12-04-2015, 07:35 AM
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Did you do a title search? If so then your title insurance company should have every document ever related to this property. Get a RE attorney and have him get with the title company. Looks like there is already one easement for a neighbors house, who knows what else there is. If the easements were not disclosed then you should be able to get out of the contract. DO NOT BUY THIS PROPERTY WITHOUT UNDERSTANDING ALL THE RAMIFICATIONS FIRST!
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Old 12-04-2015, 07:38 AM
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Old 12-04-2015, 09:36 AM
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put spike strips in your driveway
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Old 12-04-2015, 09:49 AM
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Another option would be to work with the land owner to re-route the driveway to his property. From your picture, a driveway on the southern end would keep it away from your house.
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Old 12-04-2015, 10:09 AM
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From your pic it looks like that road on the right side would be a more direct route to his lots anyway.
Should be able to have that changed easily enough.
Only reason they used the present route is because he was the prior owner of yours too.
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Old 12-04-2015, 11:15 AM
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I know you don't want to hear this but don't buy the house.

1. You need an attorney and the easement should be on your title policy

2. Every state is different so you need that attorney

3. You can't just block or change an easement because you would like to..doesn't work that way. If they say no your stuck with it just like it is FOREVER..easements run with the land unless they specifically state otherwise in the granting language.

4. Don't buy the house.

I just finished a lawsuit over an easement about 2 years ago. Person using it gave up the right to the easement but still took 5 years and over $100K in attorney's fees to get things settled up..not fun not cheap and will cause you problems if you go to sell.
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Old 12-04-2015, 11:59 AM
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It looks like we may not be able to buy it now anyway.. I should know more today but the lawyer is stating that those 2 properties behind mine might have been in the original mortgage which he was foreclosed on after he subdivided it... Im being told then the bank has to take it off the market and go into proceedings to include those two parcels... Looks like another Christmas in the camper....... Ill keep you updated and all, I greatly appreciate the posts.... We should have known about this sooner as our offer was accepted and bank approved since late Oct...
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Old 12-04-2015, 12:08 PM
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Something better will come along.
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Old 12-04-2015, 12:11 PM
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Sounds like you should just walk away and get something with no banks or easements involved.
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Old 12-04-2015, 12:44 PM
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Originally Posted by Humanoid 2.0 View Post
Sounds like you should just walk away and get something with no banks or easements involved.
Or wait and buy the whole thing.
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