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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I am selling my home, and with this sale we have found that

Customer Question

I am selling my home, and with this sale we have found that our neighbors encroachment of his garage onto our property is causing a problem with the mortgage company the buyers are using, this is a very small encroachment of just the back corner of there garage less then 9 sq ft, solution was to offer the neighbor an easement giving them the right to leave the building standing, which they most likely would win an "adverse possession action" as this building has been there for over 20 years. My problem is our soon to be "EX"neighbors now feel they can take advantage of the situation and ask us to move a fence and ask for additional land that they want but have no right to, as they know we are under contract and trying to sell this house quickly. I need to know if i can grant an easement to the neighbor with out them actually signing for it? If not, what are my other quick solutions?
Submitted: 9 months ago.
Category: Real Estate Law
Customer: replied 9 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Loren replied 9 months ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 9 months ago.

What are the demands being made by the neighbor to resolve this?

Customer: replied 9 months ago.
They are asking us to re-locate a privacy fence that is on our ground and to give them additional land above and beyond what they need for the garage. and they won't sign the easement that we had our attorney draw up giving them permission to leave the building as is. I just need to know since its there building that is encroaching our property can i grant an easement that doesn't need to be signed by the other party? I am giving up my property to them so do they really have to sign to make this happen?
Expert:  Loren replied 9 months ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Expert:  Loren replied 9 months ago.

Unfortunately, no, you cannot give an easement to someone without their acceptance. In other words, you would need their signature. You may want to try offering a nominal payment (say $500) to them to accept your easement, and allow your sale to proceed. That is one of the of the interesting things about real estate disputes. There are few real estate problems which cannot be solved by throwing money at them.

Expert:  Loren replied 9 months ago.

While paying $500 may seem distasteful, if it is stopping the sale then it may be worth it. My philosophy is not to let a dime hold up a dollar.

Expert:  Loren replied 9 months ago.

Are you still online with me?

Expert:  Loren replied 9 months ago.

Did you have further questions? Have I answered your question?

Customer: replied 8 months ago.
I would like to inform you that we did in fact put in place an easement without our neighbors signature or blessing of this easement. You were one of 4 people that told me it wasn't possible, and I found a local prominent attorney who did the research and we had it recorded at the local courthouse 2 weeks ago. I appreciate the help and a quick answer from you but I just couldn't accept that if a neighbor chooses to ignore you and they are encroaching on your property that you could force or give them the needed easement, now we were not able to impose restrictions but the restrictions were mostly for there benefit not mine.
Expert:  Loren replied 8 months ago.

Glad to hear it was resolved successfully for you.