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Does a new owner have to adhere to agreements the previous owner agreed to

We had a minor dispute with a neighbor re-an easement, we went to binding arbitration and the neighbor agreed with us.  The house was sold and now the new neighbor is bringing up the same dispute!  Does the new owner have to adhere to what the previous owner agreed to? should the old owner have disclosed to the new owner the agreement?
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May 23 2013 - Menlo Park
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Answers (5)

If your arbitration resolution didn't bind future owners, then, no.



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May 23 2013

It would depend on the agreement.  Was the easement granted or was it an agreement between the parties and never recorded?  I would suggest a real estate attorney to review the specifics. 

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May 23 2013
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The agreement should have been in a legal format and filed with the county records associated with the property.  The seller should have disclosed the agreement if it had been properly filed.

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May 23 2013
The neighbor should definitely have disclosed this information to the buyer (new owner). 

Not knowing what your outcome was, it's hard to give any additional advice, but the fact that it was binding arbitration, leads me to believe that you have something in writing. You may want to talk to an attorney to determine how to proceed.
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May 23 2013
If it was an "agreement" that tells me that the easement wasn't changed and that you had an agreement between you and the 1st neighbor. However, if the easement was changed, that should have removed the issue in question. In any case, a new owner that was not party to a previous agreement may not have to abide by it.

I suggest collecting all the facts and consulting with a real estate attorney. In fact, I know one that is also a real estate Broker, if you'd like to talk with her. Just let me know.
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May 23 2013
 
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