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Updated almost 10 years ago on . Most recent reply

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94
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Reginald S.
  • Wholesaler
  • Manning, SC
16
Votes |
94
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Hello can someone help me please? Easement delimma here!

Reginald S.
  • Wholesaler
  • Manning, SC
Posted

Hello all! I have a property that I am getting ready to put under contract (via a wholesale deal). However I am not sure how to put in place the correct easement provision to protect my end-buyer once purchased. The house is landlocked but the property that is blocking the front entrance side belongs to relatives of the seller. It appears that the current easement rights are based on a verbal agreement between the two and is secured by their kinship relationship only. My question to BP is what do I need to do to get a legally binding easement right provision from the neighboring relative for future excess to the property? Who do I contact first? Do I need any particular forms? How much does it cost, etc.? Please help? Thanks to all in advance for sharing your valuable advice and expertise!

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Bill Gulley#3 Guru, Book, & Course Reviews Contributor
  • Investor, Entrepreneur, Educator
  • Springfield, MO
12,876
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Bill Gulley#3 Guru, Book, & Course Reviews Contributor
  • Investor, Entrepreneur, Educator
  • Springfield, MO
Replied

To ensure you don't get into legal issues, make the seller obtain a written driveway agreement, ingress and egress with provisions as to how maintenance is to be done and who pays for it. File the agreement in the land records, then the seller can sell the property. Conventional financing won't be available for that property without a filed road agreement. See a RE attorney and/or title company! Good luck. :) 

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