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Canal property easement

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Monopoly

Junior Member
What is the name of your state? Michigan

In January of this year my husband bought an investment property that was forclosed upon. We paid $155,000 for a 2001 1500sq ft home that appraised at $226,000. Good deal, right? right...now....After the closing...the neighbors were telling us about a deed tied to the property. Out of complete panic, my husband and I went home and checked our title work. (we should have reviewed the title work at time of closing...were at fault and now it). Sure enough there was a deed tied to our property.

The next day I went to the county and got a copy of the deed which in part states:

"Easements and restrictions of record. And reserving onto the grantor, the right of ingress and egress to the rear of the land for the purpose of boat mooring and storage space, at no charge."

This deed was dated 1977. There was no house on the property until 2001.

My question is...do I have any legal recourse to get this removed? Now that there is a house on the property, Do my Riparian rights come into play?

We have spoke to several attorneys that said I didn't have a leg to stand on and to make this guy a deal. Other attorneys wouldn't talk to us unless we gave them $500.00.

We talked to the guys yesterday (really nice) and said he wanted $12,000 to end his part of the deed. After negotations we got him down to $8,700. He's sending us it writing as well.

What do you guys think? This is a last ditch effort...
Thanks for your time.
 


HomeGuru

Senior Member
Monopoly said:
What is the name of your state? Michigan

In January of this year my husband bought an investment property that was forclosed upon. We paid $155,000 for a 2001 1500sq ft home that appraised at $226,000. Good deal, right? right...now....After the closing...the neighbors were telling us about a deed tied to the property. Out of complete panic, my husband and I went home and checked our title work. (we should have reviewed the title work at time of closing...were at fault and now it). Sure enough there was a deed tied to our property.

The next day I went to the county and got a copy of the deed which in part states:

"Easements and restrictions of record. And reserving onto the grantor, the right of ingress and egress to the rear of the land for the purpose of boat mooring and storage space, at no charge."

This deed was dated 1977. There was no house on the property until 2001.

My question is...do I have any legal recourse to get this removed?

**A: no
*******
Now that there is a house on the property, Do my Riparian rights come into play?

**A: not applicable.
***********

We have spoke to several attorneys that said I didn't have a leg to stand on and to make this guy a deal. Other attorneys wouldn't talk to us unless we gave them $500.00.

**A: I talk to you for free. You are up a root canal without a paddle.
**********
We talked to the guys yesterday (really nice) and said he wanted $12,000 to end his part of the deed. After negotations we got him down to $8,700. He's sending us it writing as well.

What do you guys think? This is a last ditch effort...
Thanks for your time.
**A: I think you better see an attorney,
 

Monopoly

Junior Member
See attorney about what? I'm already screwed. I'm thinking it will be cheaper to pay this guy $8,700 then to go to court. It will probably cost me more. Thanks
 

HomeGuru

Senior Member
Monopoly said:
See attorney about what? I'm already screwed. I'm thinking it will be cheaper to pay this guy $8,700 then to go to court. I

**A: see an attorney about what you get for paying the $8700. Are you getting a new deed with the easement removed and Grantor having all current and future rights extinguished?

How would you know if the documents were written correctly? Did you know that the termination of easement document must be recorded on title?
 

HomeGuru

Senior Member
Monopoly said:
ahhhhhh, I see what you mean. Oh yes....definately get an attorney. Thanks.

**A: ok, now you understand. So if you do not see an attorney, you do not pass Go and do not collect $200.
 

rmet4nzkx

Senior Member
You are still going to come out ahead even paying attorney's fee's, you are $66K ahead right now, an attonrey won't cost that much.
 
S

seniorjudge

Guest
HomeGuru said:
Monopoly said:
See attorney about what? I'm already screwed. I'm thinking it will be cheaper to pay this guy $8,700 then to go to court. I

**A: see an attorney about what you get for paying the $8700. Are you getting a new deed with the easement removed and Grantor having all current and future rights extinguished?

How would you know if the documents were written correctly? Did you know that the termination of easement document must be recorded on title?
Agreed.

You also need title insurance and a survey.
 

Monopoly

Junior Member
rmet4nzkx said:
You are still going to come out ahead even paying attorney's fee's, you are $66K ahead right now, an attonrey won't cost that much.
Are you meaning fighting the easement or hiring one to do the paperwork on terminating the easement?
 

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