How two days of research turned a costly easement into a nonissue
Most home sales go smoothly. Once in a while, though, something unexpected surfaces late in the process, and it can come from almost anywhere: a survey, an inspection, an appraisal, a flood zone category, or an insurance requirement. When it does, the agent beside you matters more than anything else.
Here are a few tips on what to look for, and a story from one of our sales.
Quick tips for when something unexpected comes up
- Ask how your agent solves problems. Look for real examples, not just promises.
- Look for an agent who researches. The first answer isn't always the final one, and the details are often in the records.
- Ask how fast they move. Contract deadlines are short, and a good agent knows how to work within them.
- Wait before you agree to a concession. Make sure you understand the problem before you agree to pay for it.
- Count on the right experts. Your agent brings the research, and your attorney, surveyor, or insurance agent confirms how it applies.
- Keep your paperwork handy. An old survey, closing documents, and insurance and flood information help us find answers faster.
- Choose experience. Years of solving problems means we've seen what can go wrong, and we know whom to call.
Two days, a survey surprise, and some deep research
This was an unusual one, and it shows why research matters.
We were selling a single family home with a pool. When it came time for the survey, the attorney overseeing the file noticed drainage easements on both sides of the home. On the east side, the pool deck and cage sat on the easement. That meant if the county ever needed to reach that area for a drain, it could tear out what was there, and the repair would fall on the homeowner.
The buyer's agent insisted on a significant credit in case that ever happened. Our sellers were on vacation, and we had two days to work it out before they came back. We were determined to hand them a solution, not just a problem.
First, we talked with the attorney to understand the issue. Then Paul Pope went deep into the county records and studied the plat. Buried in the plat was a stipulation: if the drainage easement on one side of a property is in use, the easement on the opposite side is void. Further research showed that the county was actively using a drain on the west side of the home. That voided the east side easement, the one under the pool deck and cage.
We called the attorney and sent in our documentation. What could have been a costly issue became a nonissue. The sale closed, and our sellers did not have to give a credit for the easement.
Problems like this don't come up often, which is exactly why experience and willingness to dig matter. When something unexpected shows up, our goal is to find out what's true before anyone pays for it.
Want an agent who will do the research?
Call or email Christine Pope or Paul Pope before you list. We'll talk through your home, answer your questions honestly, and be ready if a surprise comes up.
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