What is the name of your state (only U.S. law)? Indiana
I own some land that I have subdivided into lots (large acreage tracts). 2 of the lots are next to each other. Each lot has a utility and drainage easement that runs it's entire border.
I have buyers for both lots and we are getting close to the closing dates for each. Both buyers will need to install a septic system with perimeter drain as part of their build. Lot 1 can run their perimeter drain towards a ravine by using the existing easement for all but about 150', where it would need to cross Lot 2 and be protected with an easement.
If the buyers of Lot 2 are uncooperative and don't want the 15'x150' easement to be placed so that Lot 1 can be built on, can I, as the current owner, record the easement anyway before we close? I don't mind if the buyer of Lot 2 decides not to buy because of the easement that I would place but I want to know if they can sue me for something else or take me to court and have the easement rescinded, thereby making Lot 1 unbuildable.
I own some land that I have subdivided into lots (large acreage tracts). 2 of the lots are next to each other. Each lot has a utility and drainage easement that runs it's entire border.
I have buyers for both lots and we are getting close to the closing dates for each. Both buyers will need to install a septic system with perimeter drain as part of their build. Lot 1 can run their perimeter drain towards a ravine by using the existing easement for all but about 150', where it would need to cross Lot 2 and be protected with an easement.
If the buyers of Lot 2 are uncooperative and don't want the 15'x150' easement to be placed so that Lot 1 can be built on, can I, as the current owner, record the easement anyway before we close? I don't mind if the buyer of Lot 2 decides not to buy because of the easement that I would place but I want to know if they can sue me for something else or take me to court and have the easement rescinded, thereby making Lot 1 unbuildable.
