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Deed of Easement Subordination

I am trying to purchase a home in Massachusetts that has had an easement granted for it due to a corner of the home that encroaches on the neighbors property. Some years back, the neighbor of the property had his home refinanced, and the refinancing bank didn't acknowledge the easement. A subordination agreement is required of the neighbor's refinancing bank to allow me to get title insurance.  Per the seller's request,  the neighbor contacted the bank to request a subordination of the mortgage to the Deed of Easement. The bank agreed to issue the subordination. However, since, the neighbor has decided to declined to request the final letter of subordination.  So, I am stuck without the ability to purchase the house due to the neighbor's unwillingness to subordinate his mortgage to the easement.  The easement was granted before the refinancing date - so this doesn't seem quite fair. Are there other options?
  • October 04 2010 - Boston
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Answers (2)

You and everyone else won't be able to buy this home due to the 'cloud on title' - unless you opted to not buy title insurance, which is definitely not the way to go.

Frankly it sounds like it will be up to the homeowner to sort this mess out. They will need to consult an attorney who is familiar with land law in Massachusetts as laws vary from state to state.

If you wanted to invest some money, you could certainly consult an attorney. But it is doubtful that unless you had title to the home that you would be able to make a difference.

My guess is the neighbor wants to be compensated for the land - whether or not they have legal standing to demand such compensation.
  • October 04 2010
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Are you saying the physical house is located on the neighbor's land....or just some portion of the lot. If house, the seller needs to negotiate with the neighbor and do a lot line adjustment. But of course, that will costs thousands, probably $10k and take probably six months.

Find another house....why start off with a property that already has issues.
  • October 13 2010
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