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Clearing Complications of Encroachments and Easements

1/17/2012

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I recently listed a house as a short sale the legal description
included lots 1, 2 and 3. The sellers also owned lot 4 not included in the short
sale. So the sellers had to short sale their house and sell the adjacent lot as
a regular sale. I listed the house and the lot separately and recommended that a
buyer purchase the two properties together.

Then I had a buyer come along that ONLY wanted to buy lot 4.
  While doing research the boundary survey reviled a shed attached to the house
  was encroaching onto lot 4 and the RV structure on lot 4 was encroaching onto
  lots 1, 2 and 3. That was not the only problem. Walton County had abandoned the
  road in front of all lots 1, 2, 3, and 4 and deeded one half of the road to the
  sellers. Now the buyer would need an easement to access lot 4. 

The solution... have the buyer for lot 4 remove the encroachments
and the sellers grant an easement across lots 1, 2 and 3 for access to lot
4.

We closed on the lot and the buyer removed the encroachments,
easement was granted. The house with lots 1, 2 and 3 sold about 3 weeks later. 

Problem solved!!

Bev Dudley, Realtor
Fleur de Lis Realty
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