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Easement from developer next to property

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R

rnelsen

Guest
What is the name of your state?
North Carolina

The land/forest behind my house is being developed by a well-known NC tract developer and homebuilder that build $250,000-$350,000 houses on .25 to .45 acre lots.

Immediately after the original died, and this developer/builder purchased the land, my neighbor and I started to work with the developer to either purchase 50 ft from them, or some other arrangement. The developer is allowing us to purchase the 50 ft, OR and here's my question, allow us to have an easement (preservation) on the property the 50 feet that separates my lot from any lots being created in the new subdivision. The developer would treat this 50 feet as land that is included with the rest of the "homeowners" property when they are done developing the land. My main goal is that the 50 feet be not disturbed (ie. no fence around it, no subdivison homeowners association paths, no cutting down of trees, etc.)

So I have asked the lawyer working for the developer to have writing in the 50 foot easement that will prevent the new subdivision's homeowner's association or the developer for that matter from doing anything to the 50 foot of land. (The 50 foot of land will be physically attached to other "homeowner's land.")

The developer is asking for me to pay for the surveying and recording fees (approximately $500-$900) for this to occur.

Incidently, my neighbor is purchasing the 50 feet next to his property, because he has the ($9000 cash on hand). I don't have the cash on hand, but not sure it would be worth it, if I can get the 50 foot easement that 1) cannot be developed, or changed in anyway, PLUS, is NOT owned by a homeower behind me, but rather by the future "homeowners association."

So any advice on the wording of the "preservation" easement plus any advice on his this a reasonable approach to protecting the 50 feet without having to pay $9000 to own the land, rather paying less than $1000 to have the easement on the property? Sorry for the long post.
 



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