Home Buying in Hudson>Question Details

MVC, Home Buyer in Vermont

What would you do if you see a notice in public records regarding unresolved easement issues with an adjacent landowner?

Asked by MVC, Vermont Tue Jan 29, 2013

The subject property (Lot A) currently shares a leachfield with the adjacent property known as Lot B. Per the deed agreements both owners have a responsibility to maintain their portion of the shared septic system. A complete septic system inspection has revealed that the system is failing.
The owners of Lot B have a plan to fix the septic system. Until an agreement has been reached with the owners of Lot A, defining their responsibility to repair their portion of the shared system, the property will be in litigation.

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Were you considering purchasing? if so, lawyer up or walk away.
0 votes Thank Flag Link Tue Jan 29, 2013
If you are planning to buy the property and are getting a mortgage, most lenders will not give you a mortgage on a property that is in litigation, so you will either have to wait, and these things can go on for a long time and another owner may bring it up later on, or you can move on to another property. Any time you have shared situation, there can be an issue.
0 votes Thank Flag Link Tue Jan 29, 2013
I would have the attorney I hired look in to it.
This may be just a dollar problem for the owners of lot A.
Or it could be a neighborhood feud.

If it is the first problem, and the house is priced well, it may be worth looking into.
If it is the latter, at least you get a heads up that there may be a neighbor problem.

Neither is insurmountable.
One may just be dollars, and the other may just need a new face and perspective.

Either way, the attorney can provide the best advice.
And, I'll bet your real estate professional can suggest a few other options - without the issue.

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0 votes Thank Flag Link Tue Jan 29, 2013
If you are buying, you may want to look at other homes, as the past gives one direction of the future, a resolution today may not hold up tomorrow.

If you are selling, take care of the costs yourself so as this does not affect your sale.

Best of Luck
Web Reference: http://www.GetSoldOKC.com
0 votes Thank Flag Link Tue Jan 29, 2013
If you are a prospective buyer, I would run away from this property as quick as
I could. If there is already a problem with Lot A there may always be a problem
with them regarding any issues. Why would you want to get involved with a neighbor
like this. It is also a potential issue for resale.
0 votes Thank Flag Link Tue Jan 29, 2013
Shared Well and or Septic, unless there is written and recorded agreement can be problematic.
As Richard recommended below, you have two sound options.
0 votes Thank Flag Link Tue Jan 29, 2013
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