Termination of Easement document

[4Labs]

What is the name of your state? Oregon

I am a Realtor in Oregon. I have a transaction where the well was once shared under a well agreement and permanent easement. Since that time, the neighbors have drilled a new well and the easement is no longer valid.

The neighbor is refusing to release the easement from the deed unless the seller pays them $3,000. The seller is refusing. So my buyer has offered to payoff the neighbor and the neighbor has accepted.

Title will allow the easement to be cleared from the deed, so long as the proper form is used to do so. I cannot prepare the release and title is also refusing to do so. My question is, where can we find a "fill in the blanks" form for something as simple as this? I have already checked the Stevens Ness website to no avail and the escrow companies say that the form is not in their catalog. Is an attorney required to prepare something like this or can the buyer type something up, have it notarized and recorded with the county?

Thank you in advance for any help or urls you can provide where I can find the proper forms.

 

[FlyingRon]

What is the name of your state? Oregon

I am a Realtor in Oregon. I have a transaction where the well was once shared under a well agreement and permanent easement. Since that time, the neighbors have drilled a new well and the easement is no longer valid.

Is that a provision in the easement? If not, what makes you think the easement is no longer valid? It might not be necessary, but that doesn't invalidate it.

Title will allow the easement to be cleared from the deed, so long as the proper form is used to do so. I cannot prepare the release and title is also refusing to do so.

It's normally done with a quit claim. It's going to be specific to the jursidication. As a Realtor you must know the name of a real estate lawyer that can prepare the document for a fraction of the money we're talking about in the overall transaction.

 

[4Labs]

If I knew of an attorney to call, I would not be posting here.

This is the language on the Permanent Easement Well Agreement that leads me to believe that this easement is no longer valid because parcel 2 drilled their own well:

"This easement shall constitute a covenant running with the land as to each of said lots and shall continue forever or until such time as other domestic water supply shall be available to Parcel 2 of the Tax Lot 100 in Section 27CC, T4S, R2E of W.M., acceptable to the other of said lot, and upon the acceptance of such other water supply, this easement shall terminate and have no further rights or obligations hereunder."

Title says that the language in the agreement is ambiguous and that a termination of easement should be prepared and recorded to remove it from the deed. The title officer said he will accept a pre printed form signed by the parties. We are now trying to find a pre printed form. As I said in my original post, I cannot find a pre printed Stevens Ness form and escrow does not have these forms either.

Can someone else answer the question? Is it necessary to have an attorney prepare the form, the buyer in lieu of an attorney or are there pre printed forms we can use somewhere on this website or somewhere else? Thank you.

 

[FlyingRon]

Can someone else answer the question?

You don't want me to answer it. I know the answer. I guess I won't.

There's a big yellow book next to the phone that has the names of lawyers in your area.

You're not really a Realtor are you? You might want to check into Article 13 of your code of ethics.

 

[4Labs]

Gee when I feel the need to get the run around I'll come back here and post another topic.

FYI I did call attorneys in this area, and no one returned my call. I guess it was just too simple of a question and no one wanted to spend their valuable time on something that little. I understand, I have worked for attorneys before. So what my buyer did is googled these forms, found some examples and the buyer typed up her own document, without my help or guidance. I submitted it to the title officer for approval, it was approved and we are now good to go.

Yes, I am a Realtor and have been for many years, over 20. I have a law background but not in this State and I have also been an escrow officer. I have never been sued or brought up on ethics charges. So I ask you, what are you charging me with in Article 13?

ETA: I understand Article 13 and I don't see where I am practicing law. I asked for a "fill in the blank" form or if an attorney needs to be the one to prepare the form in my original post. A very simple answer would have been, yes an attorney needs to prepare the form" or "no an attorney does not need to prepare the form, you can find a blank fill in the blanks form at such and such a place. Thats all, very plain and simple - no need to accuse me of practicing law or violating Article 13. I see this website's forum has not changed much since the last time I posted here. A complete waste of time.

 

[FarmerJ]

wondering , if proof were gathered such as permit record copies showing the other property has installed a well as if certain date if that would suffice as proof that the easement expiration terms were met, What you posted about the easement sounded pretty clear to me that it is expired now. If all the work were done by a well company there would have been permit filed.

 

[lizjimbo]

4labs it sounds as if they already quit

The only big question is the new well defined as a domestic water supply. Everyone sounds spooked by the language of the easement. The neighbor, without a public water supply available would be foolish to sign away his rights to the other well. What if his new well runs dry?

 

[4Labs]

wondering , if proof were gathered such as permit record copies showing the other property has installed a well as if certain date if that would suffice as proof that the easement expiration terms were met, What you posted about the easement sounded pretty clear to me that it is expired now. If all the work were done by a well company there would have been permit filed.

Yes you are correct, and it sounded pretty cut and dried to everyone. The title company said it was no big deal and they would still insure the property regardless of whether or not the easement was physically removed or not. However, I do have a letter from the next door neighbor disclosing to my buyers why they decided to drill their own well and why they felt the seller owed them $3,000. The neighbors said they would not be removing thier easement from the deed until they were paid that money. So my client, not wanting to have this come back again if she should ever want to resell in the future, decided to pay the next door neighbors off and record a termination of easement just so there would be no question in the future.

 

[4Labs]

The only big question is the new well defined as a domestic water supply. Everyone sounds spooked by the language of the easement. The neighbor, without a public water supply available would be foolish to sign away his rights to the other well. What if his new well runs dry?

Yes the new well is for domestic purposes. The neighbor decided to drill a new well because this well went dry. No one is really spooked by the language, my client just wants to make sure the whole thing is deleted from the records, in case she should resell in the future, she would not have to go through this again and since the neighbors are willing to accept the $3,000 from her and sign the document, this is a mute point.

This is a rural area, with no access to public water supplies, normally when a homeowner drills their own well they take the risk of knowing that at some time that well may become defective or run dry. Sharing the well with the seller of the other property caused the well to go dry in the first place, so I don't think hooking back up to that particular well would be a excellent option.....and they know this.

Anyway, title has approved the document and we are now good to go. Thanks for everyone's help and comments.