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Pool vs. Easement. Who Wins?

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 staked survey when you purchase a home. I believe every buyer is entitled to a new 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 one 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 reference the easement, go back to your closing agent for help. Good luck.

Have a real estate question or need some sound advice?  Call or text Phyllis Staines at (904) 476-7653 or email pstaines@aol.com. Every question will receive a response and may be chosen to appear in Saturday's Times Union newspaper.

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

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