My question involves real estate located in the State of: Missouri. New Madrid County.
I'm a co-buyer of the property in question.
My Problem is a two part-er.
Part 1. We have a family property that is being sold from one parent to the other.(Divorced)
The buyer is currently arguing over interest rates and will purchase the homestead within the year. The homestead is surrounded by fields owned by a single farmer. The farmer wants to place an electrical line through the homestead to connect electric to his new irrigation well. The farmer has asked to place the line on an existing line we have on the home or/and the shop building. We have declined since we do not want anyone besides us having access to our home and yard.
The farmer has decided to be a jerk and talk to the current owners. They want to place an underground electrical line from a cut off line in the backyard to the field. The issue is that the entire backyard is an orchard. An orchard that is contains 200 mature and producing crops that are being sold for profit on a commercial level. And yes, the orchard is part of the homestead we are buying. By placing an underground line, they are damaging 20 of the trees in the orchard, possibly killing them. New trees would be expensive to buy and would take 7 years before reaching enough maturing to start producing. Also, it would give the utility company access to the orchard and allow the farmer access as well. This is a fire hazard as the former owner removed all utility lines in the orchard immediately after planting the trees because the utility company stupidly dropped lit cigarettes in the orchard causing a fire that killed 5 trees. I don't want this happening again and I don't want the farmer having access to my orchard as he had already sprayed some of the trees with chemical by accident from driving through it without an easement. (We are making plans to build a wall around the entire homestead to prevent future problems)
The contract for the house has already been drawn up and signed. By adding this additional easement, does this void the contract? Also, if I were to allow this easement, can I remove it by selling the orchard to someone I know wouldn't allow it? I.E. If my mom buys the orchard with the easement and sells it to me, would I have the ability to terminate the easement by being the new landowner?
Also, Part 2 the current owner of the homestead has created an easement with the farmer to grant him access to the highway. He is allowed to drive through a corner of the front yard (next to his field road)to access the field behind the house from the highway in front of the house. I believe the easement can be removed as he has full access to the fieldroad and field by going from the highway to his fieldroad on the south side which runs around and through the entire field before coming out on the north side where the field road meets the highway. The fieldroad on the north side has a slight dip(filled in ditch) in at so he wanted to cross the yard rather than fill in a dip. (There is no legal reason the dip can't be filled in) Since he has full access to the highway and field without using the easement, he doesn't actually need it and I think I can have it removed. Does anyone know?
I'm a co-buyer of the property in question.
My Problem is a two part-er.
Part 1. We have a family property that is being sold from one parent to the other.(Divorced)
The buyer is currently arguing over interest rates and will purchase the homestead within the year. The homestead is surrounded by fields owned by a single farmer. The farmer wants to place an electrical line through the homestead to connect electric to his new irrigation well. The farmer has asked to place the line on an existing line we have on the home or/and the shop building. We have declined since we do not want anyone besides us having access to our home and yard.
The farmer has decided to be a jerk and talk to the current owners. They want to place an underground electrical line from a cut off line in the backyard to the field. The issue is that the entire backyard is an orchard. An orchard that is contains 200 mature and producing crops that are being sold for profit on a commercial level. And yes, the orchard is part of the homestead we are buying. By placing an underground line, they are damaging 20 of the trees in the orchard, possibly killing them. New trees would be expensive to buy and would take 7 years before reaching enough maturing to start producing. Also, it would give the utility company access to the orchard and allow the farmer access as well. This is a fire hazard as the former owner removed all utility lines in the orchard immediately after planting the trees because the utility company stupidly dropped lit cigarettes in the orchard causing a fire that killed 5 trees. I don't want this happening again and I don't want the farmer having access to my orchard as he had already sprayed some of the trees with chemical by accident from driving through it without an easement. (We are making plans to build a wall around the entire homestead to prevent future problems)
The contract for the house has already been drawn up and signed. By adding this additional easement, does this void the contract? Also, if I were to allow this easement, can I remove it by selling the orchard to someone I know wouldn't allow it? I.E. If my mom buys the orchard with the easement and sells it to me, would I have the ability to terminate the easement by being the new landowner?
Also, Part 2 the current owner of the homestead has created an easement with the farmer to grant him access to the highway. He is allowed to drive through a corner of the front yard (next to his field road)to access the field behind the house from the highway in front of the house. I believe the easement can be removed as he has full access to the fieldroad and field by going from the highway to his fieldroad on the south side which runs around and through the entire field before coming out on the north side where the field road meets the highway. The fieldroad on the north side has a slight dip(filled in ditch) in at so he wanted to cross the yard rather than fill in a dip. (There is no legal reason the dip can't be filled in) Since he has full access to the highway and field without using the easement, he doesn't actually need it and I think I can have it removed. Does anyone know?
Creation: Owner Creating Easement While Selling Property
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