QUESTION

Can we find cost relief for an easement that our new home builder did not disclose to us upon signing our contracts?

Asked on Jun 15th, 2016 on Real Estate - Utah
More details to this question:
The details of a water easement were not disclosed to us. We were originally told that it was questionable whether not the material of our fence would be stone or not due to the easement location. 10 months later, the builder has been changing our home plan and told us nothing can go in our backyard (despite the home plans anticipating that we could). They have asked us to sign a legal document acknowledging the restrictions of the easement, but this document was court ordered a year ago, with all of the information to avoid having to make design changes during the building stage of the house. Additionally, the water district has informed us that the easement will be accessed in the future in order to upgrade the pipeline. The builder acknowledged the diminution of value of our property in the legal document, but has given us no relief because of it. The builder was offered a chance to purchase the easement, but refused. The builder even had us sign a paper showing where trees would go
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1 ANSWER

Family Law Attorney serving Salt Lake City, UT at David R. Hartwig, Esq.
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You are asking a complex question in that any easements on the property should have been recorded and identified at the time of the sale of the property, that is when you obtained it. As to what the builder is saying or doing, digging into the deeds and title, including listings of easments need to be reviewed, as would the contract with the builder. Overall, a detailed review of your documentation is required before any real opinion can be espressed. I may be able to assist you, if you want. David R. Hartwig 801-486-1717 hartwig-law.com
Answered on Jun 16th, 2016 at 12:46 PM

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