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Easement

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Ms.D

Junior Member
Georgia. My neighbor is willing to grant me an easement for the encroachment of my pool/fence on her property. Her home is in her parents' names as tenants in common. Both parents have passed away. In each of their wills they leave the house to my neighbor should she survive the spouse. She is also the executrix of their wills. My question is: How does she sign the easement so as to make it legal and binding? Does she sign her parents' names as executrix to their estate? Does she sign her own name? Please advise. Thank you.
 


seniorjudge

Senior Member
Ms.D said:
Georgia. My neighbor is willing to grant me an easement for the encroachment of my pool/fence on her property. Her home is in her parents' names as tenants in common. Both parents have passed away. In each of their wills they leave the house to my neighbor should she survive the spouse. She is also the executrix of their wills. My question is: How does she sign the easement so as to make it legal and binding? Does she sign her parents' names as executrix to their estate? Does she sign her own name? Please advise. Thank you.
Q: My question is: How does she sign the easement so as to make it legal and binding?

A: Get a title report from a local title company and a survey and check out the local zoning laws. Then hire a real estate attorney to draw this easement up for you.
 

Ms.D

Junior Member
Thank you so much for your quick response. I had no idea it was going to require so much. She's charging me $1500 for the easement, so I wasn't prepared to pay for a survey, etc. However, I definitely want to be legally protected, so I will proceed as you suggested. Thanks again!!
 

justalayman

Senior Member
Ms.D said:
I wasn't prepared to pay for a survey, etc. !!
This is how the whole problem started to begin with.
You are the one to benefit from this so it would only make sense for you to pay for it.
 

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