Q: Seller did not record easement as stated in the signed offer to purchase contract, Now sold his house. Do I lose rights?
My "residential offer to purchase" agrees to ingress egress easement from neighbor owner for parking. "seller shall deliver a written assessment in recordable form". Seller owned both homes at the time. 10yrs using easement access, the seller never recorded the easement and just sold the house. The new owner (nephew of "seller") terminated my easement rights even though I showed him signed offer to purchase with recordable easement agreement. Do I lose my easement rights because seller never recorded easement even though I have a signed contract? My rights?
A: I am sorry to hear about this situation. Did the seller ever deliver the written assessment to you in recordable form? If so, it sounds like it may have been your responsibility to record it as the new buyer. Does the offer to purchase explicitly state who is supposed to record the easement? I would consult with a real estate attorney as soon as you are able who can examine all of the dates on the documents and determine if you have any recourse in this situation
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