This post has been de-listed
It is no longer included in search results and normal feeds (front page, hot posts, subreddit posts, etc). It remains visible only via the author's post history.
So I've been going through a big step in my life, which is my first home purchase. Two weeks after coming to an agreement, heading towards closing, I get notified by the sellers, that they are planning on dividing their adjacent property into a few additional lots, and are going to build a few more houses. This would require them removing two trees and installing a utility easement with a storm drain basin getting installed in my front yard.
They submitted a couple of proposed preliminary drawings.
None of this was disclosed before our agreement. So now I have addendums that will need to be signed at closing.
Furthermore, one of the papers is a Waiver of Remonstrance which says the following:
As a material part of the consideration for the acquisition of the real property described in Exhibit "A" attached hereto (the "Property"), the undersigned Buyer of the Property hereby waives the right to remonstrate against pending and future land divisions and development of nearby property owned by the Seller of the Property, which nearby property is described in Exhibit "B" attached hereto (the "Other Seller Property"). The Buyer hereby acknowledges that the Seller has described to Buyer's satisfaction the Seller's pending partition and other current development plans on the Other Seller Property. The Buyer's remonstrance hereunder includes a waiver of the right to appear in person or in writing to object in connection with any land division or land use application and the right to appeal any land use or zoning approval for any land division or development of the Other Seller Property. This Waiver of Remonstrance shall run with the land and shall be binding on the Buyer and the Buyer's heirs, successors, and assigns.
If I were to sign this, would that mean I pretty much have to be a pushover with whatever the hell they decide to do, even if it is drastically different than what they are currently doing?
I'm already a little pissed about the timing of everything as I never got to consider the future expansion of the property, the reduction of my privacy, the removal of the trees, and other constraints of my use of property. Now it feels like they want me to be okay with whatever they may decide to do, which may have further impact on the public utility easement where the storm drain basin is being installed, or requirements of an additional easement along adjacent property lines for whatever driveway/fence line there may be.
If it matters, this is taking place in Oregon.
Subreddit
Post Details
- Posted
- 10 years ago
- Reddit URL
- View post on reddit.com
- External URL
- reddit.com/r/legaladvice...