Q: I bought land from someone who never filed easement.
I bought land from an individual who never went and filed the easement I actually didn't even know what an easement was until I put the land up for sale on the market and the realtor needed a copy of it I had to worry the original seller for four months just to get it and the original easement was never filed in the courthouse so now she is having to locate several family members that she has not seen or talked to in 15-20 years to get them to sign this now she this is holding me up because I was fixing to close on the land and then this happened and they found this out and so now I'm in a financial hardship because the people that are wanting to buy the land cannot even buy it because WE are all now waiting on her. I have explained to her several times this is hurting me very bad finacially. do I have any options at all ? I know we can go to judge but I don't have another 3 months. I needed this land sold 6 months ago . Help in Tennessee
A:
I doubt the seller can get owners of other properties to execute a Deed of Easement for the benefit of your land. Suing for breach of warranties will be useless also. You probably have no choice but to either file suit in
Chancery Court to have an Easement Declared (which will be difficult and expensive), or sell it to someone who will buy it knowing they must litigate. Once you identify the exact area needed for ingress/egress, you may be able to draft an Easement and ask those landowners to execute it. Recommend hiring a very competent attorney to search your's and the surrounding titles, develop easement routes, then draft an Easement that either the seller, yourself or your attorney can attempt to procure signatures. Most owners will want money for selling an interest in their land. Buying real property is a problem ridden business, and you just cannot conduct yourself this way.
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