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J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Real Estate Law
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Experience:  Extensive experience and training in real estate matters.
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My neighbor is willing to give me an utility easement over

Resolved Question:

My neighbor is willing to give me an utility easement over his property. I assume we have to get a new survey and who would draw the easement on the survey? what else should we do?
Thanks
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  J.Hazelbaker replied 2 years ago.

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

Yes, you need to get a survey and have the surveyor describe the easement.

J.Hazelbaker :

Your neighbor should lay out the boundaries of the easement in conjunction with the surveyor. That way the neighbor can't dispute the easement location later.

J.Hazelbaker :

Once you have the easement laid out, surveyed and have a legal description/survey in hand, the easement needs to be filed with the county recorder in the county where the property is located.

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

Customer:

I forgot to mention that my neighbor

Customer:

my neighbor's property is going up for sherrif's sale next on the 20th of this Month. does he have the right to enter into an agreement for an easement at this time or would it be considered null and void because of the Forclosure?

J.Hazelbaker :

O.K. If there is mortgage lien, he is likely unable to grant an easement without the prior, written consent of the mortgage holder. That is a typical term under the mortgage agreement.

J.Hazelbaker :

Thus, he would not be able to convey an easement at this time.

J.Hazelbaker :

If he does, there's a chance that the easement could be revoked, if the mortgage company finds out.

J.Hazelbaker :

There's a good chance they will find out since the foreclosure is in process and he recordings will be reviewed.

J.Hazelbaker :

However, if they don't object/find out and the easement is in place, it will be hard for them to undo it. the longer the easement is in place, the greater foothold you would have (e.g. easement by prescription).

J.Hazelbaker :

Still, that's not a legally certain way to proceed.

J.Hazelbaker :

The legally proper way to proceed would be to negotiate with the new owner (likely the bank).

Customer:

Thanks; the mtg. holder is a private party. Thanks again

J.Hazelbaker, Lawyer
Category: Real Estate Law
Satisfied Customers: 4385
Experience: Extensive experience and training in real estate matters.
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