Anybody here have any experience with these?
Long story short, I know a guy looking to buy a place. The particular plot in question is part of a larger original plot of land that was kinda odd shaped. When the current owner had it surveyed and subdivided it left a sizable chunk of ground to one side of the plot with the house with no year round access point. The only viable year-round access is the driveway that would go right past the house, and down the length of the plot that might be bought.The seller wants to put an easement to guarantee access to the cut off chunk. The prospective buyer is understanding the issue and suggested a "regular" easement on the back of the plot with the house (to which there is a road, but it's not passable in a bad winter or a very wet spring) and an Easement in Gross for the seller who would then have access themselves to the cut off plot utilizing the driveway, but no one else.
The prospective buyer has been told not to trust an Easement in Gross because it could be modified via a lawsuit if the parties had a falling out. The cut off plot in question is going to be leased by the prospective buyer, so it would (should) really be a non-issue. But in the event the relationship twixt the sell and buyer deteriorates down the road, and/or the land gets sold or inherited and the lease is not renewed, that easement going past the house becomes a very big deal.
Make sense?
