We built as house in Central Ohio and moved in June 2007. We lived there for over a year and moved to FL this past August. The house is currently for sale.
The issue surrounds easement agreements. The builder of our house also built a house next door to us. When we purchased the house, there was general easement that the builder had, which had no specific/maintenance terms in it since there is a shared driveway and pond for the two properties. The assumption was that the agreement would be terminated and new separate agreements would be drafted for the shared driveway and shared pond that are on both properties.
We have had problems in reaching an agreement with the next door neighbors regarding the pond. They have language in their proposal that gives them complete control over how the pond is maintained and improved and they can just bill us for half the costs of whatever they decide. Oviously we are not signing it and still have reached no agreement.
Here's the pickle. We did sign a termination of the old easement, and a new agreement for the driveway. The relocation company that is handling the sale of our house says there may be no outstanding easements out there in order to sell our house. So essentially the old easement is terminated, one new one is half done, and our house is for sale.
The neighbor is being a royal pain and not doing anything to come to a resolution. We are concerned our home sale is jeopardized until this is resolved.
Any thoughts on options for getting this resolved or if I have any legal recourse to say that the reason for no new agreement is because the neigbor is being unreasonable?
The issue surrounds easement agreements. The builder of our house also built a house next door to us. When we purchased the house, there was general easement that the builder had, which had no specific/maintenance terms in it since there is a shared driveway and pond for the two properties. The assumption was that the agreement would be terminated and new separate agreements would be drafted for the shared driveway and shared pond that are on both properties.
We have had problems in reaching an agreement with the next door neighbors regarding the pond. They have language in their proposal that gives them complete control over how the pond is maintained and improved and they can just bill us for half the costs of whatever they decide. Oviously we are not signing it and still have reached no agreement.
Here's the pickle. We did sign a termination of the old easement, and a new agreement for the driveway. The relocation company that is handling the sale of our house says there may be no outstanding easements out there in order to sell our house. So essentially the old easement is terminated, one new one is half done, and our house is for sale.
The neighbor is being a royal pain and not doing anything to come to a resolution. We are concerned our home sale is jeopardized until this is resolved.
Any thoughts on options for getting this resolved or if I have any legal recourse to say that the reason for no new agreement is because the neigbor is being unreasonable?
