Easement Before Close?
I was looking at a property this weekend- 2 buildings on 2 separate but adjoining lots. The owner of both is selling 1 of the buildings. The selling agent talked with several of us potential buyers about the need for an easement, as there is a walkway that straddles the property line between the 2 buildings.
One buyer asked when the easement should be done, and the agent said it didn't matter- before or after the close. It seems to me that it would make more sense to have the easement in place before the close, so that it could be recorded along with the grant deed, but I don't know how things are generally done.
Would it be better to have the easement done before the close? Is it difficult to add the easement afterwards?
Thanks for any thoughts on this,
Tracy
If I'm following here, the easement would have to be recorded on both properties since the easement area straddles both parcels, so I would think the easement should be recorded on both at the same time. Does the walkway lead to an alley or parking lot behind the buildings?
But why does the walkway have to straddle both properties? Is there no room on each parcel for separate walkways?
Hi Nancy,
Thanks for the reply. This is a strange property- it used to be one lot, then was split in two about 50 years ago and the 2 current buildings were constructed. This walkway goes between the buildings toward the rear parking area (which is accessible from the side of the building).
There is very nice landscaping on either side of the walkway, and the seller would prefer not to change this- hence the easement. To avoid complications, though, I can certainly see why it would be better to have separate walkways.
I understand what you mean about recording the easement at the same time, but do you think it matters if the easement is done before or after the close?
I appreciate the help,
Tracy
Tracy,
If only one of the 2 properties "sharing" the easement is being sold, it would seem to me that the easement should be recorded against both properties before the one is sold. I don't know that it makes any difference. Personally, I'm not crazy about the idea that there's a shared walkway with presumably shared maintenance expense. Squabbles down the road between property owners and voila--Mt Everest appears. If you want to buy the property, I would make sure the language of the easement is VERY CLEAR about the rights and responsibilities of each property owner. I'd consult a RE attorney, if I were you.
Thanks again for the feedback, Nancy. Your point about having everything regarding the easement spelled out and recorded is well-taken; the shared walkway is a just a problem waiting to happen. Were I to make an offer, I would definitely have an attorney draft the easement. And it sounds like having this done before the close instead of after makes slightly more sense.
Much appreciated,
Tracy
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Hi all, my name is Tom and I am green as they come, but why can't you just change the property lines, and readjust the price accordingly?
Hi Tom,
I'm probably greener than you are. How easy is it to change property lines? I have no idea what the process entails, but look forward to any comments.
Tracy
About changing lot lines...
Changing the lot lines may not solve the problem--that being one walkway (easement) straddling the current side boundaries of the parcels. If it were possible for each parcel to have its own walkway, I would prefer that.
Changing lot lines can be done in appropriate situations without much hassle. However, there can be reasons why lot lines cannot be changed--setback requirements, for instance, that say that you can't have a structure within X feet of the front, rear and side boundaries of the parcel.
Hi Nancy,
Separate walkways for each parcel make sense to me too. If I decide to make an offer, this is something I could discuss with the seller beforehand and then go from there.
Thanks also for the information about changing lot lines. This seems like more trouble than it may be worth, but who knows? There's always a way to get it done.
Tracy