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Title Review Process Question

Quick question: My wife and I are looking at a .5 acre property, there is a landlocked (ours would be on the road, nature preserve on other side of their property) parcel behind ours with no structures on it (out of state owner, bizarre)

we're concerned that they might have right of way passage or driveway use of our potential parcel (to access the road). i want to review both titles before submitting the bid but our realtor says he cant get them until the title review process (after mutual agreement) and that we can back out of a mutual agreement if the right of way passage exists.

is my realtor right? thanks.
  • February 17 2009 - Bainbridge Island
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Answers (5)

Best Answer

Is there a form 22T in your offer?  That form states that the buyer has X number of days to determine the condition of title is consistent with the buyer's intended use of the property.  (paraphrasing)
  • February 17 2009
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geordy,

yea, there is, thanks, i got all worked up about the 1st page, looks like we have 5 days

  • February 18 2009
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Paul,

looking over our offer now. it says udner d. condition of title, "easements and encroachments, not materially affecting the value of or unduly interfering with Buyer's reasonable use of the property" doesn't cause a title to be unmarketable.

Doesn't this mean that if she has an easement she could just extend our driveway into her parcel (driveway is one side of house)? thanks
  • February 17 2009
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paul, thanks
  • February 17 2009
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Your REALTOR is correct. Title review should be part of your purchase and sale agreement. You have the right to rescind if there is anything about the property that you don't like.
  • February 17 2009
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