land contract of purchase

[Pierre]

On April 22 we signed a contract of purchase on 18 acres of land (lot 8). Closing should be within 30 days but we have not yet received a firm date.
We walked the land with the seller (Land company) and specifically asked if there were any easements on the property. The answer was NO and none showed on the copy of the plat given to us that day. That plat shows another parcel of land next to ours (lot 9) and one behind (lot 10).
Today we have received a "new" copy of the plat. Lot 9 & 10 have each been divided in 2 and on the boundary between our land and the one next to us a "proposed 50' access easement between lots 8 and 9 and serving lots 10 and 11" has been drawn.
Can the seller do this and, more importantly, do we have to accept this ? We would have never signed the contract if we had known about it and the proposed easement does not show on the plat given to us when we signed it.
Thanks

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Pierre:
On April 22 we signed a contract of purchase on 18 acres of land (lot 8). Closing should be within 30 days but we have not yet received a firm date.
We walked the land with the seller (Land company) and specifically asked if there were any easements on the property. The answer was NO and none showed on the copy of the plat given to us that day. That plat shows another parcel of land next to ours (lot 9) and one behind (lot 10).
Today we have received a "new" copy of the plat. Lot 9 & 10 have each been divided in 2 and on the boundary between our land and the one next to us a "proposed 50' access easement between lots 8 and 9 and serving lots 10 and 11" has been drawn.
Can the seller do this and, more importantly, do we have to accept this ? We would have never signed the contract if we had known about it and the proposed easement does not show on the plat given to us when we signed it.
Thanks<HR></BLOCKQUOTE>

My response:

All you need do is go back to your attorney, who has been guiding you through this process, and let him / her handle this matter. What's that? You didn't have an attorney?

IAAL

Editorial / Educational Note: This gentleman's post is a prime example why you should always have your land contracts reviewed by an attorney. For some reason, people will sign contracts for hundreds or thousands of dollars, and think they can survive, only to find later, that problems could have been avoided for a lousy $100.00 to $200.00 consultation fee. Now, this gentleman is looking at a problem and saying: "Huh?"

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[This message has been edited by I AM ALWAYS LIABLE (edited May 06, 2000).]