Who pays Survey/Easement Costs?

Discussion in 'Homesteading Questions' started by Jena, May 1, 2006.

  1. Jena

    Jena Well-Known Member

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    I've bought plenty of property, but not exactly like this.

    My ex is going to carve out a chunk of land and sell it to me. Of course, it must be surveyed. This is not to verify boundaries, but to create a new parcel. Who usually pays the survey cost? Buyer or seller?

    An easement also has to be created to cross his land and recorded on the deed. Who usually pays the legal costs for that?

    I live in the midwest, if that makes a difference. I just want to know what is customary.

    Jena
     
  2. HeadnHome

    HeadnHome Member

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    We split the survey cost with the seller when we bought our farm here in KY.
     

  3. Mike in Ohio

    Mike in Ohio Well-Known Member

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    Jena,

    In the situation you have described I believe the buyer would pay the survey costs. Then again, everything is negotiable. If you said you would walk away from the deal if he didn't pay, what would he do?

    As far as the easement, I'd normally expect the person benefitting from the easement to pay the costs associated with it.

    Another option would be to simply split the expenses.

    As usual, jsut my 2 cents.

    Mike
     
  4. Wolf mom

    Wolf mom Well-Known Member

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    Everything is negotiable...

    My only concern is the access to your property - the easment. It will be deeded & recorded, but the land underneath is still his. He can leagally put up a gate, just not lock it. He can legally specify how much traffic can pass over it ie: if you buy 20 acres & subdivide 10, what he writes in the deed may prevent you from doing that.

    Please, please check with your county atty (it's free) first. I've seen too many wars over this - including someone getting shot.
     
  5. Hoop

    Hoop Well-Known Member

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    This is a very unusual land sale. The ordinary rules go out the window.

    Being that this is your ex, naturally I'd suggest this is the last person on earth you should purchase property from, own property next to, or generally have anything to do with. Make a clean break.

    If you insist upon purchasing the property, treat it no differently than you would purchasing it from Joe Anybody.
    Surveys generally are the cost of the buyers. Exceptions occur. In many instances, surveys are not required. If you're borrowing money on the purchase, banks often insist on surveys.

    Easements are very sticky issues. Recording an easement on a deed is a relatively minor cost. Basically, you need a notarized signature of the grantor of the easement and the legal description of the easement. Take it in to the Register of Deeds at your county courthouse and pay the fee to get it recorded. The HUGE cost is punching a road in. This may require the services of a bulldozer, the cost of culverts, gravel, etc. It could easily run into 5 figures.

    What type of access is there beyond the easement provided by the ex?
     
  6. wvpeach1963

    wvpeach1963 WVPEACH (Paula)

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    Normally the seller pays the survey costs.

    But it depends, are you getting a good deal?

    If so you may want to offer to at least split the costs.

    If its a real good deal, you may want to bite the bullet and pay for it yourself.
     
  7. rambler

    rambler Well-Known Member Supporter

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    You sure have an unusual personal relationship. Sorry, that's not important, but hard to understand what direction your life is going. :) Most would want a clean break at this point. Easements are not fun sometimes, tho common enough.

    I think in this case, it depends who wants to make the transaction happen the most. If he wants to sell off land & you happen to be one of the buyers, then the seller would foot the bills more times than not.

    If you pretty much demanded this property in some settlement, it's your push, so it's your bill.

    Splitting it 50/50 might be the best route to take if that can work out.

    --->Paul
     
  8. Jena

    Jena Well-Known Member

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    There is a road into the place. It's wholly on the property and thus belongs to him. The easement would be just that I can use the road.

    Yes, this is a really good deal. I will probably buy it and immediately sell it at a profit. Of course, I suspect there will be surprises along the way that may turn it into a bad deal, at which point I walk away.

    A lawyer will most likely write up the easement. Probably his lawyer will write it, then mine will check it, then it gets filed.

    I just didn't know if these things were like...appraisals. The buyer usually pays an appraisal. Seller pays mortgage title insurance, etc. Those are pretty much always the same, didn't know if surveys and easements worked the same way.

    Jena
     
  9. MarleneS

    MarleneS Well-Known Member

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    Jena, well done on having an respectful ongoing relationship with you ex. It shows a sign of maturity to be admired. Especially if there are children involved this is the ideal to strive for in the breakup a marriage.

    Others have already answered you question about who usually pays for what -- as mentioned it's usually negotiated between interested parties. You did not mention if the division of property is something you and your ex decided after the settlement of the assets from the marriage; i.e. he is infact giving you the land, if you can afford it, it would be nice if you could pay the expenses on the legal proceedings. If it's part of the property settlement, your attorneys should advise you on who has what expenses as part of their fees.

    Best wishes to you on your new start.

    Hugs
    marlene
     
  10. littlebitfarm

    littlebitfarm Scotties rule! Supporter

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    That's what we did when I bought my property. At the time of purchase we agreed to split the cost of the survey but I think we could have agreed on either of us paying it too. Had the survey guy describe the easement and it was added to the deed and recorded at the courthouse.

    Later when the new owner of the other half of the property and I agreed to get rid of the easement, his lawyer wrote up the paperwork. We split the lawyer bill and recorded it at the courthouse.

    This is also in east central Illinois.

    Kathie
     
  11. agmantoo

    agmantoo agmantoo Supporter

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    Usual and customary is for the buyer to have a survey done at the buyer's expense and surveyor of choice. This permits the buyer to verify that the purchase amount is accurate and satisfies the lender. A motivated seller will often pay for a survey to get the trade done, this occurred more often before real estate got so hot and is seldom the case today.
     
  12. citilivin

    citilivin Well-Known Member

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    In order for a parcel to be sold the boundaries must be identified. Unless you are paying cash, a lender will require it. Under no reason would I purchase a parcel without a legal description. A parcel cannot be created today unless it has access. If this easement is for your access, then it must be included. Typically, although the seller pays upfront, the cost is generally passed into the sale price. It depends on how well you get along with your ex and how much you can get him to pay.
     
  13. citilivin

    citilivin Well-Known Member

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    One more thing, make sure the "words" of the easment clearly outlines what your expectations of the easement are. These would inlcude wording as such that gives you the rights of ingress and egress, the width of the road, and what property can use the easement. Also, check with your county/city planning to see what, if any requirements there are for emergency vehicle access.
     
  14. Obser

    Obser "Mobile Homesteaders"

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    Citilivin, in order to avoid having anyone misunderstand, would it be best to say, "A parcel cannot be created today unless it has access in some states or jurisdictions?"