Results 1 to 3 of 3
LinkBack URL
About LinkBacks-
03-24-2011, 06:31 AM #1
Renter
- Join Date
- Mar 2011
- Posts
- 1
legally
here is my problem years ago I bought some land and had a house moved on the site....the owner of the land shared the acreage with his dad...we bought half... at the time we both shared a well and septic...he had the well and I had the septic...Since then I drilled my own well ...In the deed he had rights to the septic line as well as his ''heirs''...he has since sold his property....My question is -Can I ever do anything about this easement--Are the new owners considered ''heirs''--What if I decide to fill tank in and relocate it ....Also they are considering putting in a store which may put a further strain on said septic line ....thanks ahead for any input I am located in a rural part of south arkansas
-
03-26-2011, 05:40 AM #2
Moderator
- Join Date
- Sep 2007
- Location
- Outer Banks
- Posts
- 1,282
I am not a lawyer but 'heirs' doesn't sound like it would apply to the new owners unless they are actually the sellers 'heirs'.
You need to consult a local attorney so they can see the document and answer your question before these people attach more to your drain field.
If they destroy the system will they have to help replace/repair it? If you let them increase their use will you then be obligated to honor that in perpetuity?
Talk to a lawyer.Your Outer Banks real estate agent. Learn how to buy Outer Banks foreclosures.
-
04-28-2011, 01:05 PM #3
Fixer Upper
- Join Date
- Apr 2011
- Posts
- 18
heirs?
I am a lawyer.
The precise wording is going to be important, but the word heirs is not a good sign. A common phrase to show a continuing easement would be something like the easement was granted to the individual and his "heirs and assigns" meaning whoever inherits it or buys it. If the assigns part is missing you may be in luck.
Richard
Reply With Quote
Bookmarks