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Legal Question?
50 years ago, it was verbally agreed upon between two parties to grant easements to each other on a property. Part of the agreement stipulated that one of the easement holders would be responsible for repair and maintenance for BOTH easements. All goes very well. The easement holder honors the agreement.
Fast Forward 45 years. The original easement holder agreeing to repair and maintenance both easements, sells its easement to another entity. The seller passes the information to the buyer that they will now be responsible for repairs and maintenance for both easements.
The new buyer complies but is extremely lackadaisical and must be reminded by mail, by phone, by visit, many times over (by the original party who has no obligation to repair and maintenance either easement) of the obligation. The new buyer does ignores the reminders and does not stay in contact with the no obligation-easement holder. The new buyer does furnish a letter of obligation from their attorney however.
What is the next course of action? Legal?
The original holder would like to have a formal contract in place and would like to have that contract honored.
While this may be a somewhat unusual arrangement that worked well for decades, something must be done to honor the agreement - promissory estoppel, etc.
I forgot to mention the easements were formally recorded at inception. The agreement to maintain and repair was verbal, albeit physically honored until recent problems with new owner.
3 Answers
- The HammerLv 61 decade agoFavorite Answer
Without a written contract it enforcement is questionable. If the second party requires the easement to reach his property make that point to him or close it down to his passing.
In other words rewrite the contract this time paper.
- ?Lv 61 decade ago
Is this your A-level law essay or something you really shouldn't try to get others to answer it and unless they have done the course themselves then its unlikely to get an answer.
But i will give you some sites with all the info you need on them for free.
If this is your own situation contact citizens advice or get a lawyer.
-An easement may be acuired by estoppel- ER Ives Ltd v High (1967) -always look into changes in the recent law and if the case is no-longer good law...
Source(s): http://www.kevinboone.com/lawglos_Easement.html http://www.kevinboone.com/lawglos_EquitableEasemen... http://www.kevinboone.com/lawglos_EasementOfAccess...
