Thanks Herbster.
It does seem to take while to find one that is on board. It is comparable to finding a Realtor who is comfortable with what we do.
They are out there… but you really have to look.
I remember one attorney I used when I was trying to get an easement for a two car parking space next to a commercial building we were buying kept pushing for a survey and for us to buy the land from the seller… as the seller of the building we were buying owned both parcels. a Survey and sale was the attorneys only answer to the problem.
Keep in mind that the seller was on board with throwing the parking easement in as part of the deal…
The problem I had with the attorney’s answer was that it was going to cost us at least $10,000 to do.
While I agree that the attorney had the most “correct” answer, the area next to the building had been used for parking for decades… It was understood that parking was what was going on there. All we wanted was a piece of paper to stand on that allowed it officially.
I had asked if there was a way the seller could lease us that section of land for 99 years for $1 or something… then the attorney was worried about what would happen at the end of 99 years.
I told him that I didn’t really care what happened at the end of 99 years and that I was sure a lot of things will have changed by then.
Not to mention I probably wasn’t going to be around.
He then stated that He didn’t want his name on anything like that.
So after a few days of me throwing different options at him, including adverse possession, he finally gave in and begrudgingly wrote up the easement.
The main problem I had with this attorney was that he was only able to tell me why something wouldn’t work, and had no suggestions as to how it could be accomplished.
I operate on the belief that if there are two consenting parties on just about anything, there has to be a way to write it up legally.
That easement was the last time I used that attorney for anything.