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Granting Septic Easement for Newly Divided Property

Discussion in 'Easements & Right of Way Law' started by llada, Jul 21, 2021.

  1. llada

    llada Law Topic Starter New Member

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    West Virginia
    I'm under contract to purchase a tract of land newly split from a larger parcel, and it's come to light that the septic fields from the original property extend a fair distance into the property I'm purchasing. This was not disclosed prior to contract signing.

    I am still potentially interested in purchasing the property, but I'm unclear what my options are and if I have any potential to protect myself against future issues. I don't necessarily have an issue with granting an easement for septic fields to the current owner, but would it be possible for me to make it a non-transferable easement so any future owners would have to relocate the fields to their own property? There is no existing easement now since the property was one parcel owned by one person.
  2. army judge

    army judge Super Moderator

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    There is no way that strangers hundreds, maybe thousands of miles away from you would (or could) know more about your dilemma than you do.

    I suggest you arrange a FREE, initial consultation with a real estate attorney in your county.

    However, and even easier solution would be, if you are uncomfortable moving forward with this deal, NOW is the time to just walk away.

    Whenever I have doubts, or begin to get doubts about ANY deal, I simply "run" before someone scalps or skins me!!!!!

    That question should be addressed to the real etsate attorney that is representing you with this transaction.

    What, no attorney?

    It is NEVER wise to do ANY real estate transaction absent an attorney representing YOUR interests.

    It is wise to VERIFY any and all claims made by a seller!!!!
    retic likes this.
  3. welkin

    welkin Active Member

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    You can do that. It is called an easement in gross as opposed to in easement appetent. An easement appetent runs with the land not the owner of the land and is usually in perpetuity. An easement in gross runs with the owner of the property and terminates when the grantee no longer owns the property.

    You should have an attorney draft any such easement and have it recorded with the county.
    llada likes this.

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