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

By , About.com Guide

3 of 5

Lot 5 Owner, the Seller, Extinguishes the Easement Five Days Before Closing

Survey plat of two lots with an easement.©Jim Kimmons
This is where the situation goes to "heck in a handbasket." Five days before closing, the owner of Lot 5, the Seller, records a document at the courthouse titled something like "Extinguishment of Easement for Lot 5, XYZ subdivision.

Keep in mind that this is legal, as at that point, this person owns both properties and can legally do away with what appears to be a useless easement. Now, not mentioning Lot 6 in the document title was definitely thought to be intentional. That's because the title researchers didn't catch it in their research on items related to Lot 6.

The motives of the Seller and owner of Lot 5 aren't made clear, but it really doesn't matter, as the right to do this was his.

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