My question involves real estate located in the State of: Tennessee
My wife and I are interested in a 14 acre lot for sale in the area. The lot is part of a larger parcel that was divided into 3 smaller lots in 2003.
The land deed that defines the 3 lots includes the following language when describing the property in question:
"...being Lot 3 which includes the 40.00 access to Lot 2 as shown on a survey by [surveyor] dated November 11, 1997.
So the land we're looking to purchase is Lot 3. The language describing Lot 2 reads:
"...being Lot 2 less the 40.00 access to Lot 2 which lies within the boundary line of Lot 3 as shown on a survey by [surveyor] dated November 11, 1997.
Even though the survey was done in 1997 (and we've seen a copy of it that was furnished by the seller), I can find no other mention of this 40" access through Lot 3.
The 40" access described runs down the entire length of the property on the eastern border, and amounts to nearly an acre. Obviously we're concerned about purchasing property on which someone else has such a huge cart blanche easement. The owner of Lot 2 has not been using the easement, since she has much easier access via road on the other side of the property. So it wouldn't be an issue for the immediate future, but since we would want to build our "forever home" on this property in a few years, we don't want to risk somebody building a giant road through it.
Assuming no other documents exist which describe this "access", is it legally justified? I've looked through other deeds and language about easements/rights-of-way, and all the ones I could find were more clearly and formally defined.
I thought I would give this forum a shot before we pursue any further. If there's a consensus here, then we might just pass on this property and not go through the expense of hiring a local attorney.
All help is much appreciated. Thank you in advance.
[edit] It occurs to me now that this post might be more appropriate in the Real Estate Ownership and Title subforum. If so, I apologize, and mods please move.
My wife and I are interested in a 14 acre lot for sale in the area. The lot is part of a larger parcel that was divided into 3 smaller lots in 2003.
The land deed that defines the 3 lots includes the following language when describing the property in question:
"...being Lot 3 which includes the 40.00 access to Lot 2 as shown on a survey by [surveyor] dated November 11, 1997.
So the land we're looking to purchase is Lot 3. The language describing Lot 2 reads:
"...being Lot 2 less the 40.00 access to Lot 2 which lies within the boundary line of Lot 3 as shown on a survey by [surveyor] dated November 11, 1997.
Even though the survey was done in 1997 (and we've seen a copy of it that was furnished by the seller), I can find no other mention of this 40" access through Lot 3.
The 40" access described runs down the entire length of the property on the eastern border, and amounts to nearly an acre. Obviously we're concerned about purchasing property on which someone else has such a huge cart blanche easement. The owner of Lot 2 has not been using the easement, since she has much easier access via road on the other side of the property. So it wouldn't be an issue for the immediate future, but since we would want to build our "forever home" on this property in a few years, we don't want to risk somebody building a giant road through it.
Assuming no other documents exist which describe this "access", is it legally justified? I've looked through other deeds and language about easements/rights-of-way, and all the ones I could find were more clearly and formally defined.
I thought I would give this forum a shot before we pursue any further. If there's a consensus here, then we might just pass on this property and not go through the expense of hiring a local attorney.
All help is much appreciated. Thank you in advance.
[edit] It occurs to me now that this post might be more appropriate in the Real Estate Ownership and Title subforum. If so, I apologize, and mods please move.
Purchase Contracts: Concerning "Access" Through Vacant Land
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