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A Real Life Step-by-Step of a Property Access Nightmare

By James Kimmons, About.com

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Real Estate Agent Shows the Buyers the Subdivision Plat

Survey plat of two lots with an easement.©Jim Kimmons
At this point, the real estate agent working with the buyers is doing what any good professional would. The gathering of information for the customer/client is a big part of the job. And every day we show our clients survey and subdivision plats.

So, it's not the intention here to fault the agent for showing the buyers of Lot 6 the subdivision plat. This plat shows the easement on the servient Lot 5 for the benefit of Lot 6. The reason the easement was placed was the fact that the X's mark the location of numerous phone, electric and other utility boxes. There was no room to access Lot 6 directly from the public street.

An important thing to know here is that the Seller is the owner of Lot 5 also, thus owning both the dominant and servient parcels as regards the easement.

The problem with this step is that the real estate agent doesn't specify in the contract or addenda that it is contingent upon "Insured Specific Access." The contract is for the purchase of Lot 6 of this subdivision.

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