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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7408
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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We purchased 1 family home with 8 acres, the seller also owned

Customer Question

We purchased 1 family home with 8 acres, the seller also owned 20 acres behind the house and acerage he sold to us, at that time the 20 acres was being used as pasture with livestock on it, he demanded an easement so that he could tend to his livestock, we agreed..had no issues with that....however during the closing neither the attorney nor our real estate representative (supposedly representing our interest)never once mentioned the easement or suggested defining it and having a spelled out mutual agreement (which we now have learned is suggested by law experts), the easement was filed the day following the closing. We had no issues with the easement at that time, then the seller informs us he is leasing the property out to a couple with option to buy....then here comes 3 mobile homes, for a total of 4 families (one mobile is residence to two families), for a total of min 12 licensed drivers, our hell began almost at the onset, from speeding vehicles, to joyriding grandkids with no helmet protection on their laps, up and down the easement, children at that time age 11 or 12 allowed to drive motor vehicle up and down the easement, to which we objected, they sent their children and the childrens friends to ride their bikes on the easement, they themselves have 20 acres in the back....we had the burden of delivery trucks,...mail, home fuel...visitors,,,etc.. they thought they could mow the easement with a tractor....when we kept...and still do well mowed on a weekly basis...on the roadfront to the main road I always pickup all trash thrown out by vehicles passing by.. before I mow with a lawnmower not a bushhog...when they mowed they just shredded the trash with a bushhog...not pretty to the eye...we like a well kept environment...pleasing to the eye. We have spoken with the no avail....the closing attorney basically told us we were at their mercy....we had no we visited another attorney...this was last year, he recommended we hire a good real estate lawyer, he also told us...we could pave the drive and add speed prevent excessive and reckless speeding cars...also told us we could put in gates....we have to date done neither....we received this week in the mail a letter from our closing attorney informing us that we were obstructing the easement and ask we refrain from doing that...emphasizing the we MUST leave a 25 foot passage...we have at no time obstructed the no time have the renters ever called law enforcement to have obstructions removed from the easement...the renters wanted to open a Childrens Day Care...we objected...the easement was not designed to accommodate the traffic that at present was put in to serve our haouse and pasture land behind us....these renters and the seller we feel are unduly harassing us and causing undue you know or can you recommend a legal team specializing in easement laws in Alabama...we would be willing to travel a distance foor good representation....we are 75 (and my husband is very ill) and 69....we just can not live what few years we have left under what we feel is tyranny and harassement, Thank you for your time.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Irwin Law replied 2 years ago.
I am truly sorry to hear that you have stumbled into the situation that you have described. I need clarification on one point however. You said that during the closing no one mentioned the easement or having it spelled out by mutual agreement. Then you say the easement was filed the day following the closing. Who signed that easement? Can you obtain a copy of it and send it to me as an attachment with a reply here?
Customer: replied 2 years ago.
I will go down to the county office and obtain a copy....we did not sign any easement papers....on the closing documents exibit A shows legal description of mention of an merely describes the property with no mention of any easement...that was added after we left the attorneys office, we did not have a problem with an easement, we do have a problem with how it has turned out to be hell on earth.....had we known then what we know now we would never purchased this place. I guess one has to be educated and have professional knowledge of anything and everything prior to engaging.....I am truly disheartened at the fact that the closing attorney and our realtor failed us severely. I will be happy to submit picture and or video if needed. We must respond so I guess we will engage an attorney here locally, unless you feel you can help us via phone. We still would like to hear your advice. Thank you.
Expert:  Irwin Law replied 2 years ago.
I feel that somebody in this transaction did you a disservice, and also possibly to the person who sold you the home. His access rights and the use of the property should have been set out and in a formal easement agreement at the same time that the deal was closed. Also, if his 20 acres was not subject to zoning, there should have been an agreement as to his right to develop it. He should not have the right to put a trailer park there, and access it across your property. From what you tell me I cannot tell you whether he has any kind of easement at all. If he is land is not landlocked and he can get to it from another direction, he may not have a right of access across your property. Even if he does, that right might be limited by a court so that the easement is an overburdened or a nuisance created by it. Access easements are extremely complicated, and I don't see any option for you other than to obtain a good real estate lawyer who can take action to eliminate the problem, or at least force some kind of an agreement where both parties can live with it. I hope this is helpful and that you get the assistance that you need in order to solve your problem. No one should have to live under the circumstances you describe.