Can you give yourself an easement?

[iceaxe]

The property with water and road access was the property sold to Mary.
Joe kept the property that needed the water and access. Mary gave Joe water and road access rights. Yes, the granting of the easement could have occurred at point of sale . I'm not sure though of the purchase date. Mary did pay twice the market value of property to Joe and then defaulted on the mortgage which was guaranteed by a special government program we have in Canada called cmhc. The easement is quite harsh towards Mary's interests. The easement however is a separate document and makes no mention of the purchase.

 

[two_bit_score]

The property with water and road access was the property sold to Mary.
Joe kept the property that needed the water and access. Mary gave Joe water and road access rights. Yes, the granting of the easement could have occurred at point of sale . I'm not sure though of the purchase date. Mary did pay twice the market value of property to Joe and then defaulted on the mortgage which was guaranteed by a special government program we have in Canada called cmhc. The easement is quite harsh towards Mary's interests. The easement however is a separate document and makes no mention of the purchase.

Mary got screwed by Joe. When she realized it she defaulted. Joe will probably buy the property back at the default sale. Sounds like a scam.

 

[iceaxe]

Mary got screwed by Joe. When she realized it she defaulted. Joe will probably buy the property back at the default sale. Sounds like a scam.

I'm buying the property as a foreclosure. Mary must be awfully dumb but it is possible. Alternate theory is that mary and joe got together and planned the whole thing. Joe and Mary split the profit. Mary's credit rating is sacraficed.
to a layperson it looked like Mary had given the easement after being ripped off by Joe.

 

[two_bit_score]

I'm buying the property as a foreclosure. Mary must be awfully dumb but it is possible. Alternate theory is that mary and joe got together and planned the whole thing. Joe and Mary split the profit. Mary's credit rating is sacraficed.
to a layperson it looked like Mary had given the easement after being ripped off by Joe.

I hope you are getting it at a big discount.

 

[two_bit_score]

I'm buying the property as a foreclosure. Mary must be awfully dumb but it is possible. Alternate theory is that mary and joe got together and planned the whole thing. Joe and Mary split the profit. Mary's credit rating is sacraficed.
to a layperson it looked like Mary had given the easement after being ripped off by Joe.

He could have paid her for an easement after the original sale. Not sure why he would sell the track and leave himself landlocked in the first place though. Sounds like a can of worms to me.

 

[iceaxe]

I hope you are getting it at a big discount.

Last summer they accepted an offer of $100k for the property before anybody knew about easement. Realtor said my offer of $90k was reasonable and he would recommend that government accept. I'm dealing directly with listing agent. It sold in 2 days last summer. I really want it so Im being aggressive. I'm getting an appraisal and will renegotiate if Im paying too much. Foreclosure attracts a lot of interest and they generally go for more than market value. Mary paid $260. and the government spent quite a bit of time trying to get $300. real estate prices did not crash in canada.

 

[two_bit_score]

Last summer they accepted an offer of $100k for the property before anybody knew about easement. Realtor said my offer of $90k was reasonable and he would recommend that government accept. I'm dealing directly with listing agent. It sold in 2 days last summer. I really want it so Im being aggressive. I'm getting an appraisal and will renegotiate if Im paying too much. Foreclosure attracts a lot of interest and they generally go for more than market value. Mary paid $260. and the government spent quite a bit of time trying to get $300. real estate prices did not crash in canada.

How are mineral rights handled in Canada? Will you get them with this property?

How did the buyer get to back out on the 100k offer? How does buyer beware apply?

How big is the tract? Rural, urban or suburban location? Where exactly?

I'm asking a lot of questions because I not know anything about how real property is handled in Canada and it's a chance to learn from somebody first hand. Thanks for bringing this topic up.

 

[orezok]

I don't know about other states, but in California you cannot grant yourself an easement. You already possess all access rights.

 

[teg]

Many years ago, the guy across the creek from us bought our place. He deeded an electrical easement down the side of our property to his then he resold the property. The property was sold 3-4 times before we got it and everyone knows it has an electrical easement in the deed.

I'm just glad that's all he did. He doesn't have plans to run electric, it just makes the property more attractive since it has one.

 

[two_bit_score]

Many years ago, the guy across the creek from us bought our place. He deeded an electrical easement down the side of our property to his then he resold the property. The property was sold 3-4 times before we got it and everyone knows it has an electrical easement in the deed.

I'm just glad that's all he did. He doesn't have plans to run electric, it just makes the property more attractive since it has one.

So you own it now? Has the easement ever been used? If not, you might be able to recend it. It's not uncommon for easements to have an expiration date. I had a lessee next to some property of mine who wanted me to provide him an easement that he was going to need for the five years he planned to lease the place. I was going to agree on the condition that it expired in five years and was not transferable but he found another way to accomplish his objective without it.