What is the name of your state? NM
I want to establish a private easement for my retaining wall that extends into my neighbors' property. They are agreeable. My questions are these: what kinds of things need to be included in the document establishing the grant of easement? My house is up for sale, and I don't want to get stuck with eternal maintenance on the wall, but can I make maintenance of the wall be the responsibility of the future buyer of my house, and those that might buy it from them in the future? Could the easement agreement establish that? What do I need to include to protect my interests? What do my neighbors need to protect their interests? Most importantly, what am I actually asking to be granted with the easement: right-of-way, access for maintenance, watering and trimming of plants? How do I describe what I want?
Details:
I built an approximately 60 foot long split-face block retaining wall that extends a little less than 2 feet into my neighbor's property. He's fairly new, and I'd never talked to him about it. I got a letter from him and his wife telling me to remove the part of the wall that enchroached on his property. He also stated he wanted to get the issue resolved because my house is up for sale.
When I talked to him about this issue, I explained that, based on an understanding I had with the pervious owner, I extended the wall to provide better erosion control for both of our properties at the point in question. I told him I was in no way trying to claim that part of his property, I just thought it was a good thing to do for erosion control. He was OK with that. He just wanted to establish that the wall extended onto his property.
We agreed to establish a private easement. I've looked over grants of easement in the County Clerk's Office. I've looked at examples online, and I downloaded a form from an online supplier of legal document example forms to use as a starting point. I asked my neighbors to prepare a list of issues that he wants addressed in the agreement. When I've made the first draft, I'll go over it with my neighbor and his wife, make changes, and then submit it to a real estate attorney for review and rewriting in accepted legal format and wording. Then his attorney will review it. (I told them I'd pay that fee, too. Should I have agreed to that? I would prefer that he, his wife, and I meet with my attorney, with the understanding that my attorney is to prepare a document that protects the interests of all parties.)
Thanks!
I want to establish a private easement for my retaining wall that extends into my neighbors' property. They are agreeable. My questions are these: what kinds of things need to be included in the document establishing the grant of easement? My house is up for sale, and I don't want to get stuck with eternal maintenance on the wall, but can I make maintenance of the wall be the responsibility of the future buyer of my house, and those that might buy it from them in the future? Could the easement agreement establish that? What do I need to include to protect my interests? What do my neighbors need to protect their interests? Most importantly, what am I actually asking to be granted with the easement: right-of-way, access for maintenance, watering and trimming of plants? How do I describe what I want?
Details:
I built an approximately 60 foot long split-face block retaining wall that extends a little less than 2 feet into my neighbor's property. He's fairly new, and I'd never talked to him about it. I got a letter from him and his wife telling me to remove the part of the wall that enchroached on his property. He also stated he wanted to get the issue resolved because my house is up for sale.
When I talked to him about this issue, I explained that, based on an understanding I had with the pervious owner, I extended the wall to provide better erosion control for both of our properties at the point in question. I told him I was in no way trying to claim that part of his property, I just thought it was a good thing to do for erosion control. He was OK with that. He just wanted to establish that the wall extended onto his property.
We agreed to establish a private easement. I've looked over grants of easement in the County Clerk's Office. I've looked at examples online, and I downloaded a form from an online supplier of legal document example forms to use as a starting point. I asked my neighbors to prepare a list of issues that he wants addressed in the agreement. When I've made the first draft, I'll go over it with my neighbor and his wife, make changes, and then submit it to a real estate attorney for review and rewriting in accepted legal format and wording. Then his attorney will review it. (I told them I'd pay that fee, too. Should I have agreed to that? I would prefer that he, his wife, and I meet with my attorney, with the understanding that my attorney is to prepare a document that protects the interests of all parties.)
Thanks!