If the house or pool is built over the easement that could pose a serious problem in the future. While it is not uncommon for utility easement to pass through a property, where a seller could live there and never have an issue, the problem occurs if the utility needs to be serviced. If they truly built into the easement, they may not have had the right to do so.
Looking at the plan and its hard to tell, it looks as if the easement runs acoss the driveway in front of the house and ties into another main easement to the left hand side maybe....
It will be important moving forward to understand, if and how this can impact you in the future. It certainly is a reason to walk away if this had not been disclosed and you feel it may become a problem in the future.
Everyone is different and has different tolerances, but as long as the easement was not covered by the house or pool and I really enjoyed the house, it would probably not overly concern me. But like I said that is a personal decision. Obviously, a very frank discussion with your attorney is important.
Any feedback would be appreciated.
That's reassuring, that you won't at least be homeless for the holidays. And perhaps the owners would be kind enough to even credit some of the rent to the ultimate sale, if that goes through.
As for the locations you are interested in, maybe there will be some great alternatives suggested by the real estate pros on this website. Perhaps if the right property comes along, which does not have any title issues, you'll be able to quickly relieve yourself of the whole title problem.
Keep your chin up, and your mind open to other possibilities.
There is a bit of leg work to do, but the easement is truly rendered useless. It's a matter of finding who owns it and how many homes abut it (9). We shall see.... :)
Hudson, Marlborough and Northborough, MA
Your resolutions for the new year sound extremely wise.
Please consider mentioning what areas of Massachusetts you would consider searching for a new home-- or even consider for temporary housing. That way, with all the folks reading this forum, you might be able to get some quick resolution to at least temporary living quarters.
1. Perform a back ground check on the sellers, the attorneys and the sellers agent
2. Interview agents. Ask them - if you didn't sell your own property yourself, who would you use and why?
3. When you are ready to make an offer, make sure that the sellers provide ALL information on the property - much as if you did a car facts. Has the house been in fire? Flood? Earthquake? Wind damage? Roof? heating system? etc. Make a check list.
4. Make a prioritized list of things that are absolutely necessary to you in priority order
5. Be willing not to NITPICK on findings from home inspections. Unless new construction, homes always endure "wear and tear" - just be honest with what you are willing to negotiate or not negotiate.
6. Look beyond the paint and wall paper - HOWEVER - time is MONEY. How much time/money are you willing to expend removing wall paper? Is it that important (WE HATE WALLPAPER! but don't mind paint!)
7. Ask about an agents track as a buyers agent AND sellers agent - make sure that they are courteous and professional regardless of which side of the fence they are on. Understand as a buyer that the seller's agent will take care of their client - but they have to be professional and responsive to your agent. Otherwise, it will make life difficult
8. Go to the town yourself and research on the property if need be - its not that hard, just time consuming
9. Don't get in the habit of making offers and having sellers jump through hoops just to pull out of the deals. After the 3rd time, agents catch on and word spreads, as happened with one of the houses we went to see yesterday - they were afraid we'd do the same thing.
10. Look for your dream home but be realistic on your expectations for lifestyle - biting off more than you can chew is not worth it in our economic times.
11. If it smells like a rat, its a rat. Walk away
12. Don't hire attorneys that won't get back to you. YOU ARE PAYING THEM, but remember, you pay for every second of their time! Every email and call...
13. Don't feel afraid to complain about a broker directly to the parent company. There are some folks out there that just hurt the profession.
14. Expect your seller broker to be pro-active and creative. One of the homes we saw yesterday had little signs such as "Take a look at this feature, it provides added privacy" baked cookies and cold ice water with "welcome to this home, please enjoy a snack while you browse". These details ENTICE buyers!
15. Ask for different opinions and assistance
16. If a listing is described differently in different sites - RED FLAG someone is playing poor marketing games...
17. Be willing to walk away and not look back
18. Have a back up plan
Congrats on your progress, and all the Trulia support.
Territory RE brought up the important point about checking setbacks, among other issues. Its important to realize, Rita, that simply because a permit was issued for work does not mean that the work was performed accordingly, and that even the permit itself was legal.
Several issues you may want to consider:
1) Independent survey of the property. Is the pool closer to the property line than allowed by the current zoning. Was it built in a location different than what was described on the permit? The value of a property can be negatively impacted by such deviations, and even litigation with neighbors could be avoided if such facts are discovered and dealt with before the sale. More reassurance may be better for this property already mired in legal confusion.
2) Structural engineer confirm the work quality related to the tree damage. There are defects that could be hidden, such as to the roofs plywood support or to the beams. There could also be cracks in other joists that need additional support, such as a "sister" beam added.
3) Open disclosure of the repairs. Perhaps the owners don't want you present while the workers are doing the work. On the other hand, you are buying a house with defects, and deserve reassurance that the repairs are being done correctly. If there is hesitation on the part of the owners for your seeing the work in progress, maybe an independent inspector would be prudent to check that the job is completed well.
4) Review of the adequacy of the utility infrastructure -- you may want to have an inspector also review if the water and sewer lines are adequate for the development. Sometimes, when difficulties have arisen with getting permits, there are underlying concerns about the size and age of the water and sewer lines, as well as storm drainage. Granted, it may not be directly in your house, but if other properties nearby were built with the old infrastructure kept and not updated, you may find yourself with inadequate water pressure or volume, sewer stoppages, and property flooding issues.
Overall, the whole process sounds very disconcerting for this property. Your patience with all the mayhem is admirable.
The easement is right there. It took two minutes to pull it up. It looks to me there is a private easement from an abutting property a public easement for a main line. Again it is not for us to determine or interpret but at least we can see if there is something to take a closer look at for the sale of the property.
I really was just curious, I have been following your posts from the beginning and wanted to see what was going on. There are good agents out there who do go through this process on every property. It really only takes a few minutes.
You are correct about the title search. This all comes out on a title search. The seller as a surveyor certainly knew they needed permits for the work.
Any consolation, until the matter is corrected, no title company will give insurance on the property, no mortgage.
This is the reason I always suggest everyone has a lawyer even in state where they are not required.
You could be looking at a big problem here with regards to the pool. There is a chance the owners will need to remove /fill in the pool prior to selling it to you or anyone else. Hard to say. Let the attorneys hash it out but make sure you don't get pressured into pursuing the property without rectified this on paper.