Consumer Law, Warranties modifications to a contract

[carolsweb]

I inherited some land from my grandmother. After examining her paperwork on this property, I noticed a right-of-way easement was given to an oil company for a high pressure gas pipeline. Her signed documentation contains no terms or conditions. Yet, a copy of the company's documentation shows a term for 50 years with a handwritten modification for an option for another 50 years. I believe this contract for this easement is illegal and was never void. There are no initials verifying my grandmother was aware of this change. I am trying to find a law which states the legalities of an unsanctioned modification and that this contract is breached. Thank you.

 

[Michael Wechsler]

An unsanctioned modification is invalid -- there needs to be an acceptance by BOTH parties as to the terms. A modification by one party won't invalidate a contract by itself as far as I know, it just isn't valid. You might be able to sue for fraud if it is ever attempted to be enforced.

If you want to "invalidate" the deal then the best way to do so is to attempt to show how the contract was never valid. If there are signatures by both parties then it might not be so simple to disprove. Was it ever filed with the county? If there are no terms then it is possible that the agreement is incomplete.