Closing delayed...SO annoyed right now!

valkyrie4791March 24, 2011

Ok so our closing was supposed to happen today...and then literally late yesterday afternoon we found out that there are potential easement issues with our underground water lines. Apparently our lines that connect to the municipal source run through 2 other people's property, and the easements are not completely beyond scrutiny.

Isn't this type of easement something we should have been informed about at the time we agreed to purchase the house? I don't understand why this issue didn't come to light until literally the night before closing. We had NO idea our water lines touched anyone else's property.

And all of the utilities are to be transferred to our names today...but now we don't have a closing date and here we are paying for the electricity, etc. SUPER SUPER annoyed right now!!

I know these things rarely happen without some issue, but I am so disappointed right now.

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ncrealestateguy

So, who is making the stink right now? If it is the buyers, what are they asking for?

    Bookmark   March 24, 2011 at 11:48AM
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valkyrie4791

We are the buyers in this case. Our attorney says there is some issue with the easements that were granted by the property owners adjacent to ours (where our water pipes run). I don't know exactly what the deal is, but I just feel that we should have known there were easements when we bought the property so that our attorney could have figured all of this out before now.

    Bookmark   March 24, 2011 at 12:17PM
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brickeyee

"I don't know exactly what the deal is, but I just feel that we should have known there were easements when we bought the property so that our attorney could have figured all of this out before now."

They may not have shown up until a title search was run.

The present owner may not even be aware of them.

It sounds like they are NOT easements on the property you are purchasing but on adjacent properties for your utilities.

Call your attorney and ask them to explain.

You are paying them.

    Bookmark   March 24, 2011 at 1:24PM
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LoveInTheHouse

How does a buyer find out if he has an easement on someone else's property since I don't think that would come up in a title search--you're not searching the neighbor's title, right? Or on the survey--you're not looking at their survey. I don't know. I never heard of this from this side of things.

I feel for you. This home selling and buying process is so stressful lately! Let us know what you find out!

    Bookmark   March 24, 2011 at 9:22PM
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valkyrie4791

It did come up in the title search. That's how we found out about it. When the lady who owns this house had it built, she had to seek easements from her neighbors in order to have community water lines dug to her home. So she had to know there were easements involved.

The concern was whether or not the property owners that granted the easements had lenders and if those lenders also signed off on the easements as well. From what we now believe, there are no deed of trust issues and everyone has agreed to sign the paperwork that is now more legit.

We will be delayed until early next week (or so they say) so it's not that bad, but we had an entire army of people lined up for this weekend to help with the move. I've boxed up most of my house and I feel like we're in limbo. But this isn't as bad as it could be so I'm trying to stay positive!

And LoveInTheHouse, you are soooo right...this process is so stressful!

    Bookmark   March 25, 2011 at 9:26AM
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brickeyee

Utility easements should be marked on her plat and the location shown.

I have seen numerous plats so marked for overhead wires and buried lines.

It sounds more like a CYA exercise by the attorney doing the title search.

    Bookmark   March 25, 2011 at 10:14AM
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LoveInTheHouse

What's a CYA exercise?

Well, if this makes you feel any better Valkyrie, I lost my buyer TWO DAYS before closing and we were moving our farm and business to another state. We closed our business. We scheduled movers. We were THIS CLOSE to shipping our horses up there! Whew. And now I wait again. Talk about limbo, lol.

I hope we'll see you on this board again after you close!

    Bookmark   March 25, 2011 at 11:32PM
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brickeyee

Cover Your A**

    Bookmark   March 26, 2011 at 9:06AM
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barbcollins

I know it's stressful but try to look on the bright side.

Be glad they found the problems BEFORE you went to settlement, and not years from now when one of your neighbors tries to sell.

    Bookmark   March 26, 2011 at 4:45PM
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