Q: While under contract to buy a home the seller created an easement with the neighbor. It was recorded 7 days after I clos
The easement was signed by the seller and my neighbor in August. My contract to purchase the home was July. I closed on the purchase on 8/31/2021 and the easement was recorded in sept.
Although I understand why an easement might be needed, I am not comfortable with the current language in it. I'd like to get amended or revoked completely.
Can a seller do something like this when the home is already under contract?
A: It is legally possible for a seller to grant an easement while still owning the property before the closing, although many purchase contracts say seller can't do that. But if seller does it anyway, the easement is still valid, but seller's action would be a breach giving the buyer a contract claim against the seller. If your deed was recorded before the easement then the easement would not be valid. Use the Find a Lawyer to retain a local real estate attorney to review the situation and advise you of your options.
Anthony M. Avery agrees with this answer
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