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  #1  
Old 03-08-2006, 02:12 PM
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Join Date: Mar 2006
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Withheld right of way


What is the name of your state? Mississippi

Hi,
My wife and I have recently puchased land that was owned by her mother that was being sold by my wifes brother as executor of her estate due to the fact she has alzheimers and needed the money for her continued care. We purchased the land and was given the deed when it was payed off but he withheld all easements and right of ways. We have a major power line running down one side of the property that has right of way and the right of way for the road that runs in front of the property. My question is- Does he have the right to withhold the right of way and easements or were we supposed to get everything dealing with the property?

Thank you
  #2  
Old 03-08-2006, 05:31 PM
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Join Date: Aug 2005
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as executor of her estate due to the fact she has alzheimers and needed the money for her continued care.

Was she still alive at the time of the sell? He can not be the executor until she is dead. So did he have POA for your mother in law?

Anyway the answer to your questions should be in the contracts you signed, after obtaining an Atty who made sure every thing was done correctly.
  #3  
Old 03-09-2006, 10:35 AM
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I hope probate court approved the sale.
And the easements and rights of way run with the land.
  #4  
Old 03-09-2006, 11:18 AM
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re:withheld right of way


I am sorry you are right he has POA instead of executor. There was no Attorney involved since it was supposed to be a simple sale so she could continue being cared for. We already owned 2 of the acres in the plot of 20 acres she owned and agreed to buy the other 18. I know of no reason he should hold back the right of ways since it is a very small strip of land with no value.

Thank you
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