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I am looking at a property in WV that does not have deeded access -- the property has been accessed for decades via driveway that is owned by adjoining subdivision. The shared driveway has non-exclusive right of way reserved for the owners in the subdivision. Obviously this will be a contingency in the purchase contract that the buyer will be granted the easement for access. I am wondering who the right person is to grant the easement?
And what is the recommended course of action leading up to settlement? I am thinking:
1. Buyer to approve the exact description of the granted easement
2. Seller to have the easement recorded with county
3. The preliminary title report is run
4. The preliminary title report must contain the easement (this will be a contingency in the contract). This is so that the easement can be covered by title insurance.
Does this sound like a correct sequence of events? I just want to make sure that the easement issue is handled correctly. Am I missing anything?
I am also wondering how long it typically takes for the easement to be reflected in the title report after it has been recorded with county (between steps 2 and 3). Are we talking days, weeks, or months?
Make sure you obtain title insurance (enhanced policy) on the property. There many nuances in obtaining an ingress/egress and what is acceptable to not only the county for recording, but the title company, as well. The new lender will close, and the title company will issue insurance, subject to the easement being recorded.....meaning, you can proceed provided your title company provides evidence the easement was recorded prior to loan closing. If you are paying cash, then you only need to worry about the title insurance. There is no reason to wait unless you have separate parties handling the easement and the closing. If that is the case, contact the title company and see what their requirements are - most likely it's a copy of the recorded document and a court clerk's receipt for recording.
Note: not meant to be a substitute for legal advice.
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