GLENMAR FARM JORUNAL

Thinking --- original easement was what 18'? Or whatever doesn't matter - and they now want the 30' easement. That changes the original contract. You never agreed to 30 ft, take the land off the market. With the crud your realtor put you through I would think you may have a shot at contacting the state realty board. She may have been your friend long ago - but she certainly is not your friend now so don't get caught up in that. There is no friendship there.
 
SageHill said:
Thinking --- original easement was what 18'? Or whatever doesn't matter - and they now want the 30' easement. That changes the original contract. You never agreed to 30 ft, take the land off the market. With the crud your realtor put you through I would think you may have a shot at contacting the state realty board. She may have been your friend long ago - but she certainly is not your friend now so don't get caught up in that. There is no friendship there.
Click to expand...
According to the survey the original easement is 90 feet. The fences were put on the other lot so it reduced the easement to 18 feet. I did not know the fences were that far off. None of the other potential buyers questioned it.
So I am in the wrong and need to fix it. I am hoping to get a new survey, which will go along the current fence lines.
I am really not sure what's going to happen.
 
GLENMAR said:
According to the survey the original easement is 90 feet. The fences were put on the other lot so it reduced the easement to 18 feet. I did not know the fences were that far off. None of the other potential buyers questioned it.
So I am in the wrong and need to fix it. I am hoping to get a new survey, which will go along the current fence lines.
I am really not sure what's going to happen.
Click to expand...
ouch :(
 
Get a lawyer and do it quick.

Did you sign a contract with the potential buyers??? Or a contract with the real estate agent to sell it????

The survey should have been done BEFORE any contract was signed... MOOT POINT now...

I am not sure what all you can do since you agreed and now you are changing the terms. If they only agreed verbally, to let you have the "new property lines" along where the fences currently are, and it has not been resurveyed and recorded, you may have no options.

You may have to break the contract and eat the costs, penalties, etc... if you do not want to sell the land where the fences are... or else move the fences..
And 90 ft easement is absurd ...

You can say you do not want to sell it, and all according to the way the real estate contract is worded, you will pay some costs and penalties... Unless it is a bank foreclosure, there are ways to "not sell it"... but it will cost you.

These people are going to be more than just the problem I suggested back several pages ago.... they are going to be a nightmare... Find a way to cancel this and STOP the sale.
Your real estate agent did not do you any favors to start with, it should have been surveyed before putting it on the market since this is a "subdivide"......then the people wondering if cattle smell, then you changing your mind because the fences were so far off where the survey was showing... If the original agreement showed a 90 ft easement... then it is not unfair for them to want a smaller one, but more than you want to provide, because you do not want to move fences... That is not their problem... it is yours.

Understand I am not siding with them... but you have legal obligations once you sign a contract.

If the contract is with the real Estate person, and NOTHING is signed with the prospective buyers... then you have alot more rights and abilities to say no.... if you already Accepted a signed agreement/contract with the prospective buyers, then you have a different set of problems...

GET A LAWYER... you are in over your head and the RE agent is NOT doing you any favors... Like you said; it is the $$$$$$ signs that she is seeing.
You need to know where you stand and what you can do... NOW.
 
farmerjan said:
Get a lawyer and do it quick.

Did you sign a contract with the potential buyers??? Or a contract with the real estate agent to sell it????

The survey should have been done BEFORE any contract was signed... MOOT POINT now...

I am not sure what all you can do since you agreed and now you are changing the terms. If they only agreed verbally, to let you have the "new property lines" along where the fences currently are, and it has not been resurveyed and recorded, you may have no options.

You may have to break the contract and eat the costs, penalties, etc... if you do not want to sell the land where the fences are... or else move the fences..
And 90 ft easement is absurd ...

You can say you do not want to sell it, and all according to the way the real estate contract is worded, you will pay some costs and penalties... Unless it is a bank foreclosure, there are ways to "not sell it"... but it will cost you.

These people are going to be more than just the problem I suggested back several pages ago.... they are going to be a nightmare... Find a way to cancel this and STOP the sale.
Your real estate agent did not do you any favors to start with, it should have been surveyed before putting it on the market since this is a "subdivide"......then the people wondering if cattle smell, then you changing your mind because the fences were so far off where the survey was showing... If the original agreement showed a 90 ft easement... then it is not unfair for them to want a smaller one, but more than you want to provide, because you do not want to move fences... That is not their problem... it is yours.

Understand I am not siding with them... but you have legal obligations once you sign a contract.

If the contract is with the real Estate person, and NOTHING is signed with the prospective buyers... then you have alot more rights and abilities to say no.... if you already Accepted a signed agreement/contract with the prospective buyers, then you have a different set of problems...

GET A LAWYER... you are in over your head and the RE agent is NOT doing you any favors... Like you said; it is the $$$$$$ signs that she is seeing.
You need to know where you stand and what you can do... NOW.
Click to expand...
You are spot on. There was a "current" survey, so I did not question it. Well, I should have looked at it better.
I did sign a contract with the buyers. I did call a lawyer today. They said I would need to use the lawyer listed for the closing. So I left a message with that one. I think what happened is they agreed to move the property lines to be "good neighbors" , then they decided that they wanted 12 feet back on the easement to give them 30 feet.
That would leave me to move 1,100 feet of fence!! I told my agent I am not doing that. There is nothing in writing except the first contract which was done before the survey. I am worried if I try to back out they can sue me for the cost of the survey. It was well over $12,000. I will see what the lawyer says, because I don't think my agent communicated any of this to them.
 
Sadly, I do think that if you back out, they have every right to sue you for the "resurvey" to align with where the fences already are. And if you originally agreed to a 90 ft easement into the property, on the first survey, then them wanting 30 is not unreasonable as it is 1/3 of the original agreement. you wanting them to only have 18 ft is the unreasonable part at this point of thinking.
Your real estate person is also not on your side, regardless of what she was supposed to do. You are right, she is seeing $$$$ and that is all, she is trying to get this done for her benefit. BUT, that said, I do not think she has done anything unethical... because YOU have changed your mind about selling it according to the survey that was done... and you did not do your due dilligence to KNOW where the actual lines of the new property was, as opposed to what you thought.

You may well be responsible for the newly done survey... and you also need to know what is the legal amount of width required in the current laws, for an easement... which again... is not technically an easement... because if they own it, it is simply their right of way, DRIVEWAY, into the back piece of property. Certain widths of things like easements, and right of ways, and driveways are required... with subdividing... and if it ever came down to them wanting to subdivide it, they need to have a certain width in order for that to happen... so they might be covering their bases on that...
 
This is part of the email sent out by my realtor to the buyers and surveyor. I think she finally got my message.
🙄



I have not heard back from anyone. I am sure they are discussing it.

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