All Forum Posts by: Tricia Brock

Thanks for your interpretation Peter. The original 1985 agreement called for $1.00, I do not know if this was paid, the language of the agreement would make me think it was paid at the time of signing but I do not know that. These neighbors originally asked me for 10k then raised it to 12.5k like 2 days later. 

Thanks for the replies. The 1985 agreement reads: 

"Whereas [parties A] is the owner of a two story frame house located near Street 1 which property lies southerly of Street 1. and Whereas [parties B] is the owner of a 50 foot right of way [she was also the owner of the land upon which this right of way existed, weird complicating language] described in a described in deed from Bowersox Construction Company to parties C** in 1980 and recorded in book...on page...

Whereas Party A is desirous of obtaining the right to cross the said 50 foot wide right of way so as to gain access to their property from Street 1. 

Now therefore for one dollar and other valuable consideration it is agreed between the parties as follows:

1. That Party B will deed to Party A a non-exclusive right of way for ingress and egress to the property of Party B from the end of Street 1 across the right of way described in book...page...(references 1980 ROW agreement). That said right of way for ingress and egress shall commence at a point...[describes the the shape of the right of way]. Which right of way shall be non exclusive and for the purposes of ingress and egress to the property presently owned by Party A as described on [their deed].

2. This agreement shall inure to the benefit of and shall be binding upon the parties hereto,their heirs, executors, personal representatives, administrators and assigns." Then it is signed and notarized.

**The prior Bowersox right of way referenced above is a prior right of way to a 40 acre property left of the "Neighbor's Property" on my sketch that is described as "TOGETHER with a right of way across lands of [Party B] for the extension of Street 1 in a general westerly direction at their present widths...This right is given to Bowersox construction Co. and may be assigned by it to the owners of any portion of the real property conveyed herein, with the intent that said rights of way shall become public thoroughfares. (Supposed to become a public thoroughfare, on the same land as the ROW to my property but the buyers attorney feels it is not applicable as it is technically a different ROW than the one granted to our property)


As of this evening the recent objection of the buyers attorney pertains to the language of "will grant to" and no record that she ever did actually deed to.

Personally that feels like insufficient grounds to invalidate this prior ROW agreement. However my attorney feels the best course of action would be to simply pay the 12k as he is afraid if we look for new buyers because this attorney is being difficult she will tell her friends (my neighbors) not to work with us. At which point we would need to pursue litigation which would probably exceed the cost of the $12k.

Sorry I left out the identifying information as I really don't know if you are supposed to give that out. It reads "TOGETHER with a right of way for ingress and egress as set forth in an agreement dated 12/30/1985 and recorded in the Saratoga County Clerk's Office on..in book X on page YZ"

The agreement referenced in book X on page YZ is the one I mentioned in 1985 that states "That [prior owner of Neighbors property on my sketch] will deed to [prior owners of my property] a non exclusive right of way for ingress an egress to the [prior owners of my property]." I

Thanks Bruce. I will look into easement by necessity. If you went down this route with your property did you have to go to court to get the easement by necessity?

Hello All and thanks for stopping by to help.

I purchased a SFH in 2019 in Saratoga Springs, NY. I purchased a fee title insurance policy on the property. No issues arose regarding the title when we closed on the property. The house is the last house on a dead end street. The lot is basically a 1/2 acre square with the dead end of the road along the front edge of the property which is where the driveway comes off the road.

Fast forward to July 2021 when we listed the property for sale and got it under contract within 2-3 weeks. We were scheduled to close the first week of September 2021. We are now being told that the property has an unmarketable title as the property is an interior parcel with no public road access. Basically the tax maps show the roadway ending even with our property line despite the physical road extending another 50-70 feet. I have included a quick sketch to demonstrate what is reflected on the tax maps. The portion of the road in front of our house looks just like the rest of the road and the town plows/picks up leaves and is serviced by garbage pickup/ utility companies.

Apparently our title insurance policy is not applicable to this title issue as it contains the language "Premises under examination is an interior parcel and does not front or border on any street or road. There is no means by which access to and from said premises to the public highway can be obtained. No easement or right of way by prescription or necessity to and from said premises will be insured." We were not aware of this exception or its implications when we purchased the house.

The house was built in 1973 and sold multiple times since then. There is a agreement document between owners of the two properties in 1985 that states "That [prior owner of Neighbors property on my sketch] will deed to [prior owners of my property] a non exclusive right of way for ingress an egress to the [prior owners of my property]." At the end of the document it states "This agreement shall inure to the benefit of and shall be binding upon the parties hereto, their heirs, executors, personal representatives, administrators and assigns." Also my deed includes the phrase "Together with a right of way for ingress and egress as set forth in agreement in December 1985 and recorded..."

My current attorney, the buyers attorney and my attorney from when I bought the house are apparently all working on this behind the scenes to get it rectified, but I don't seem to hear much about what is happening and it is taking forever. My attorney seems to be fairly passive and letting the buyers attorney handle this as she personally knows the neighbors. At this point they are telling me that the only way to get this rectified and the sale to be approved is for me to pay the current land owners $12,500 (originally $10,000) to sign a right of way or easement agreement.

Looking for any advice on how to proceed from here. I do not understand how I was able to buy a house I can not sell. I feel like I should not be on the hook for all this headache and $12k. I am extra frustrated as this feels like a cash grab from these property owners who live in a 4,000 sq ft brick mansion and I am selling a small SFH to move to a 1br 1ba apartment.

Please any help is appreciated. Sorry for the amount of text and happy to answer any questions I left out. Thanks.

Hello,

The title says it all. I am buying a house to owner occupy and hoping to get a conventional mortgage 10% down with no pmi and looking for some recommendations. I have heard credit unions are the way to go but open to other options too.

Thanks. 

@dan jordan thanks for the info on the meet up, I am going to try and make it to that.

Hello,

I am looking to buy my first property in the greater Saratoga area and am looking for referrals for a good investor friendly agent. I am hoping to start with a house hack or live in flip and build from there. Any info is appreciated. Thanks.