What is the name of your state?What is the name of your state?What is the name of your state? Georgia
On the left side of my house I have a City easement that 100 years ago was meant for a city/public street but was never put in.
Prior to buying my new construction, the developer bought my property from Mr. Monopoly, who ALSO owns (currently still) the property on the OTHER SIDE of the easement/city street. When he sold my property to the developer, in the deed the developer waved "any right claim or any inchoate interest of any kind to buy, own, possess or acces City Avenue, that may arise by virtue of ownership of the premises demised herin."
City ordinance states that it will split an easement in half and sell market value to EACH abuting property owner half the easement.
Mr. Monopoly currently is trying to buy the WHOLE easement. Mr. Monopoly thinks that this superfluous langauage in the deed gives him the right to purchase the whole easement instead of his half. My question is how can you wave the rights to something you don't even own? Better yet, how can he withhold an interest he did not even have?
As I see it I sell my house on Park Place, put the language in like Mr. Monopoly did on the deed that the new owners wave the rights to future opppertunity, and 50 years down the road the City decides to abandon Park Place, I can come back and claim ownership of it and put up a new house.
Thanks,
The Shoe
How can you wave the rights to something you don't own??
On the left side of my house I have a City easement that 100 years ago was meant for a city/public street but was never put in.
Prior to buying my new construction, the developer bought my property from Mr. Monopoly, who ALSO owns (currently still) the property on the OTHER SIDE of the easement/city street. When he sold my property to the developer, in the deed the developer waved "any right claim or any inchoate interest of any kind to buy, own, possess or acces City Avenue, that may arise by virtue of ownership of the premises demised herin."
City ordinance states that it will split an easement in half and sell market value to EACH abuting property owner half the easement.
Mr. Monopoly currently is trying to buy the WHOLE easement. Mr. Monopoly thinks that this superfluous langauage in the deed gives him the right to purchase the whole easement instead of his half. My question is how can you wave the rights to something you don't even own? Better yet, how can he withhold an interest he did not even have?
As I see it I sell my house on Park Place, put the language in like Mr. Monopoly did on the deed that the new owners wave the rights to future opppertunity, and 50 years down the road the City decides to abandon Park Place, I can come back and claim ownership of it and put up a new house.
Thanks,
The Shoe
How can you wave the rights to something you don't own??
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