Your name saw this post on The ActiveRain Real Estate Network and thought it might be of interest to you. Please see the link below to review the post.

Creative Solutions That Saved the Deal
We almost lost a sale due to a clause that showed up on the deed at the closing table.  In the deed copy the owner had supplied us, there was nothing about having to provide well access and water to the neighbor.   But when we got to the closing table, the original deed had been amended with a recorded agreement to supply water to the neighbor.  The title company said they had to go with what was on the latest recorded deed even though the owner said not to transfer the clause. The owner said he didn't know that such a clause had been attached to his property deed.  Sounds like a mess doesn't it.
It turns out, the neighbor, then a very dear friend of the owners, had been sharing the commercial well and paying the owner each month for water. One day the neighbor tried to get some financing and found out she couldn't without a well on the property.  Somehow, she was told she could get an approval if she could produce a deed guaranteeing her water rights. During this time, the owner was in the hospital.  The dear neighbor friend had him sign a clause on the deed guaranteeing her water rights and had it recorded. Apparently, he did not realize, she was attaching it to his deed and thought it was ... more

__________________________________________________
Are you on The Rain? Grow Your Network!