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To: hookville
Whatever rights you have become, via the sale, the rights of the new owner

Not necessarily. Easements are often for a person, not the parcel, so if they are not mentioned in the new deed they might cease to exist. Parcels become landlocked in this manner.

19 posted on 06/29/2002 7:49:54 PM PDT by RightWhale
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To: RightWhale
It's not an easement to just a person when the grant used these words: "The owners of Lot "B", their successors and assigns, hereby grant to the owners of Lot "A", their successors and assigns,..." (emphasis supplied)
29 posted on 06/29/2002 8:37:32 PM PDT by hookville
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To: fishtank; Mamzelle
Gee, I was trying to picture this disclosure. I suspect the realtor is not too worried..."My neighbors keep parking in my space and I'm afraid of them gaining the property by adverse possession"---? Next, we'll have title searches and insurance on "what the seller fears the neighbor might do..."

You're right Mamazelle, adverse possesion almost NEVER happens. An example would be if a property owner had abandoned the property for many years and someone had created a dirt road for ingress. Then I could see a court possibly giving rights that the taker had he had not had previously had.

Mamzelle make a good point fishtank. If you're worried about what your buyer may do to you after the sale, I don't think you have much to worry about. Your situation would be coomparable to someone who had property near a school and the students often cut across the property. I don't believe this would be something that would even have to be disclosed.

Mattafact, if you bring it up and make it an issue you may be creating a problem that you don't need this close to closing.

I'm not giving advice, but if it were me I'd probably just put up with their crap for the next 3 weeks and let the sale go through. I don't think "the seller didn't tell me that the neighbors were a$$holes" would be grounds for litigation.

Disclosure: I haven't sold RE as a fiduciary in quite a while and I'm not an attorney!

32 posted on 06/29/2002 9:08:43 PM PDT by AAABEST
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To: RightWhale
Not necessarily. Easements are often for a person, not the parcel, so if they are not mentioned in the new deed they might cease to exist. Parcels become landlocked in this manner.

You're correct. I would look to the deed, as that would take priority as to who has what rights.

As far as your second point, I don't think any property owner can truly be "landlocked". From what I understand if you own property you always have to have access.

What kind of access is the gray area. You may not be allowed to build a concrete driveway, but I'm nearly certain that you must have ingress and egress to any property. It's just a matter of how "ingress and ergess" is determined.

38 posted on 06/29/2002 9:20:10 PM PDT by AAABEST
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