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  1. #1
    Join Date
    Jul 2011
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    3

    Default Incorrect Version of Right of Way Easement Filed with Local County

    My question involves an easement in the state of: MD

    When my neighbor presented the first draft of the row document it included language about a road maintenance agreement and that I would keep the road to a condition of his liking.

    Needless to say I crossed out the all the questionable language and signed the corrections and then signed (stupid) the 2nd page which was all the signatures. Fast forward 5 years later. After things between the neighbors going amazing south I went to the county and pulled records. I found that some of the agreed up changes were removed there still was language that I was bound to a road maintenance agreement which i have never seen nor signed.

    Upon sending a formal letter asking for a copy of such agreement he hand wrote on my letter (no signature) and had someone drop it off saying that there was no such agreement, never was and that he did not know what i was talking about.

    Should I be concerned that he made some edits to the first page but then used the second page with only the signatures on it? Am i bound to an agreement if one comes up in the future yet i have never seen it? does that make the agreement validity questionable and should i take it to court to have it revoked if he refuses to make the corrections?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Incorrect Version of Right of Way Easement Filed with Local County

    If there is an easement filed that includes improper language, you do risk that your neighbor's successor in title may attempt to enforce that language.

    How about filing an amended, correct version of the easement?

  3. #3
    Join Date
    Jul 2011
    Posts
    3

    Default Re: Incorrect Version of Right of Way Easement Filed with Local County

    We are in the process of drafting the changes. We already sent a letter asking why the language was included. His hand written response said there is no such agreement but he did not sign his response. We have a lawyer and will be sending a correct version for his signature but I doubt under these conditions he will be cooperative.

    I did not think about a successor so thank you. I also assume that he has a mortgage on the property and maybe the lender required this language as a condition to the loan. At least that is what I found via a search on the language.

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