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Montana foreclosures

Posted by bonnie on August 07, 2001 at 3:19 PM

We were purchasing a home on 19.94 acres on Montana. When we bought, being ignorant of easement and didn't really understand what was on the title search, we were assured, by the seller, that the easement was a personal easement to a family and when they died, the easement would die along with them. 4 years later, the easement rears it's ugly head. A quarter section catty cornered from us is being sold off in 20's. Now it seems the 30' easement on our property is their road. Our house sits 9' off this easement. I had an attorney look at this. He says basically we don't really own that piece of property we are paying for. He says they can make us take down our gates, fence the easement (at our expense), and none of our animals can set foot on this easement. I am just sick at heart. I am 53, this was supposed to be our retirement, but cannot live 9 feet off a dirt easement. To boot, the first owners that are building are frequent customers of the bars in town and their reputation for drinking is quite well known. We both enjoy our privacy, which is why we moved to an isolated area, now there will be traffic 9 feet from our door. We would just like to walk off this property, would like to own property with NO easements. The property is secured by a warranty deed and there is a 2nd attached to the property. We are in the midst of remodeling. What are the repurcussions of walking off and our chances of ever owning anything again in our lives??


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