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Investigate Easements Before You Buy

Q. The seller said I could put a pool in the backyard which is why I bought this home. I just closed and found out there's an easement. What can I do?

A. Just because there's room for a pool does not mean you can actually put one in.  Whether or not you can install a pool depends on the type of easement.  This is why it is so important to get a new survey when you purchase a home. I believe every buyer is entitled to a new staked survey, however not every seller provides one.  If you did not ask for a new survey as part of your contract negotiation, or if the seller provided you a new survey and you did not review it before you closed, then unfortunately there is not much you can do.  However, if a new survey was provided to you and it did not indicate the easement, go back to your closing agent for help. It could be it was overlooked by the surveyor.  Good luck.


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Phyllis Staines, RE/MAX Coastal Real Estate License #BK660013

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