Easements:
It is very important for both the Buyers and Sellers to be aware of all legal aspects of the easement, and the type of easement it is. In Some cases, people believe they exist, but do not show up on a Deed.
I am currently involved with a transaction that I listed, with an easement being granted to a neighbor for a Driveway that was over the property boundary. The Seller in this transaction gave his neighbor an Easement so he could continue to use his driveway, even though it crossed the property boundary by 20'.
My seller didn't charge the neighbor anything for the easement, The neighbor was Okay with the situation, believing he had "Sole Rights" to the land and permanent use of the driveway!
Now the State of Minnesota, wants to improve the safety of the Highway they live on, by widening it and removing some of the existing driveways and approaches. The property I have listed, is one of the properties that will have its approach and driveway removed.
After the Driveway is removed, there is no way to access the land except for the driveway he granted an easement to for his neighbor.
His neighbor is now unhappy because he doesn't want anyone to use his driveway. Because the Easement was not an "Exclusive Right" the original owner (My seller) can make changes to his neighbors driveway and share the portion that is on my Sellers Land.
Talk about a Sticky/Wierd situation.
When dealing with Real Estate that includes "Rights", "Easements", "Covenants" or anything else that can influence the value and best use of land, please make sure, both the Buyers and Sellers are aware that special conditions exist and what legal ramifications come with the property
Being upfront, and honest in the disclosures can be tough, but it is much quicker and easier than dealing with upset and unhappy neighbors!
Phil Bremer is a Realtor in Northern Minnesota, specializing in Lake homes and Lake shore properties. First Realty, GMAC Real Estate, Bemidji, MN. Phone (218) 209-7420
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