Beware of Easements!

It used to be a handshake changed properties. That and a coin or two. But problems arise when that handshake agreement gets recorded.

I am selling a waterfront property. This is a great property, one that my buyers would love to own. For months the attorneys and abstract and title companies have poured over the deeds and the abstract to sort out who owns what. In the end, my buyers' attorney has discovered that the sellers of the property's ancestors sold strips of land (!) to their neighbors right in the middle of their property. These are four foot paths, easements, rights of way - but they are actually owned by the neighbors. If they want to cut down trees and put in a waterfall, they may! If they want to park cars on the property, they may! Oh my!

Current status: trying to find a way to make it all work

This reminded me of another mess. People bought property and were told by their lawyer to close even though the survey and deeds hadn't been sorted out. "It will be okay," he said. Well, no! They returned to their new home a couple days later to find a stake in the driveway. They owned half, not all. That acre they bought? Not really - only half - and the neighbors owned the other half. Too late - they had closed!

Current status: the neighbors were paid for their land (on top of the original price) to make it the full one acre

These are both cautionary tales. So when the lawyers want to take weeks going through abstracts and deeds - let them!