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1808 Log Cabin Project: Log Home Diary Entry #8, Easement Issues

Easement Issues Log Home Diary Entry # 8 Be skeptical when you purchase land, especially if the word “easement” is mentioned. Some property provides direct access for its owners and does not require an easement; other land requires an easement that allows you to go across another property owner’s land to gain access to your […]
by Butch Phillips
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Easement Issues

Log Home Diary Entry # 8

Be skeptical when you purchase land, especially if the word “easement” is mentioned. Some property provides direct access for its owners and does not require an easement; other land requires an easement that allows you to go across another property owner’s land to gain access to your property. In my case, the land I purchased required an easement.

Easements are common. Most banks require a 30-foot deeded easement to obtain a loan. In the offer to purchase the land, you ask for such an easement. At closing, you ask to see the easement in writing. Once you are satisfied, it is written in the general warranty deed. You check to see if it is there, and you close on the purchase of your land. The attorney has done a title search, everything looks right, so what can go wrong?

Wording. The buyer — me — did not read each and every word; I hired the attorney to do that. Regardless of what the attorney does, though, I suggest you read each word every time you have a document prepared, or you may find yourself in the same aggravating mess I am in right now. It is an expensive, sick feeling that has caused delays and headaches, to say the least.

Here is the issue: The seller has sold the adjoining property to mine. All parcels are accessed from NC 87 via T.C. Justice Road — the main entry road to Justice Plantation. The attorney noted the 30-foot easement on the deed, “from NC 87 to tract B, see attached plat map.” Attached plat map showed one thing, but what was put on the ground was another. This created a 400-foot gap between said map and my access point to my property.

The attorney is gone now. The title insurance company says to file a claim, which will take months to resolve. There is no way for me to obtain the proper zoning I need from the county. The bank will not forward my approved loan for construction. The neighbor feels he has nothing to do with the issue and will not sign a simple correction document that can clear the entire issue because he thinks he is signing a deeded parcel of land. That is not even close to being true, so I asked him to ask his attorney for his own satisfaction. My new attorney is involved. The surveyors will have to correct the maps if said neighbor will assist me. It continues each day, and the attorney who actually caused this fiasco is not around.

Summary: I’m footing the bill for incorrect wording that said I had a 30-foot easement. If you find yourself in a similar situation, read all documents pertaining to your project and ask anytime the word easement appears. In fact, get a separate document stating you — make sure your name is written in as the grantee — are receiving the easement and that it includes a more specific listing, such as from point A to point B. Then double check it, and record it.

If I seem disgusted, pardon me, but I am. It is a major bump in the road.

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