[quote=Jazzman]
My understanding is that the home we offered on owned the easement but maintenance was the responsibility of the homes behind. Apparently, they resurfaced the road without even asking permission. Luckily they did a nice job. From what you are saying, responsibility for maintenance could have fallen to us.[/quote]
Hmmm. I’m not sure whether you worded this exactly as you intended, but there is a difference between “owning the easement” and “owning land that is subject to an easement.” The first is only a right of use, the second is an actual ownership right. To make an analogy, it’s like having a right to use the health club vs. owning the health club. If I were you I’d really want to see a survey map of the property and the document that created the easement to get this cleared up. I would also recommend (very strongly) that you talk to a real estate attorney if you intend to go ahead with this transaction to make sure you get everything straight.
