Easement issue! I need solutions

[Christine Taylor]

I'm trying to problem solve an easement issue. When I bought the duplex from the previous owner (who also owned the property next to the duplex I bought from him) agreed that he'd be responsible for the tear down of a storage shed that's attached to the one car garage that is on his vacant lot. It's just the storage shed that's on his property. He tried selling me the vacant lot with the duplex at a ridiculous price. This was in 2004. We put it in writing and the title company claimed that they recorded the easement agreement between the owner and myself. Since then, the owner deeded the vacant lot to a worker that he owed a lot of money to. This guy called me and offered to sell it to me for 30k. I asked him about the easement issue. He was completely unaware. I told him it would cost him 10k to take care of the storage and that I'm not interested in buying the property at his asking price. Now, I have sold the duplex and we are closing the end of this month. The title company did a search and can't find the easement agreement. I don't want to blow this sale. I need ideas please!!!

[Jay Hinrichs]

even with an easement I doubt the owner is responsible for tearing down the shed.

if your buyer wants it removed and you don't have this in writing from previous folks I think you have a choice to remove it or not sell.

hiring a lawyer if the title company says easement does not exsist is probably throwing away good money after bad.

you probably have to suck it up and deal with it.