Closing Arguments
Today is November 18th, and we haven't closed on our piece of land yet. Most everything is in place, but we do not have title insurance yet.
When we decided to forgo having the well drilled or having the septic plans actually stamped by the board of health before closing, I had the lawyer start the title search. The abstract company completed this and faxed the information to 'certify' the survey to the surveyor. I followed up and received the certified survey (4 copies) a few days later and delivered a copy to the lawyer and another to the abstract company.
I hadn't mentioned this when I wrote about the survey earlier, but the surveyor had advised me after his first visit to the property that there were posted signs along the stone walls enclosing the NW and SW corners of the property and that they might cause some problems unless they were placed by the seller. The reason to believe they may not have been placed by the seller was that they are in the middle of the property, not along the lines. He also noted these signs on the survey, along with the stone walls. My agent checked into the signs with the seller's agent and was told the seller has no knowledge of signs within the property and had not placed any signs. Later, while checking the pins and tagging done by the surveyor, I ran into one of the neighbors. I asked her if she knew anything about the posted signs in the middle of the property, and she indicated that she thought one of the other neighbors may have put them up when some kids had taken to riding dirt bikes along the power lines in order to keep them off the property.
When I delivered the abstract company's copy, they looked it over and indicated that they weren't comfortable with the posted signs on the property, especially in conjunction with the walls as noted. I indicated what I had learned might have been the source, but without any documentation of that, they weren't interested in the explanation. The abstract company felt someone might be trying to keep us out of the property with signs and walls. I indicated to them that the stone walls were 100 years old if they were a day, but they have a business to run. The abstract company will not give us title insurance against adverse possession unless the seller gets written statements from all adjoining property owners that they are not trying to make any claim against the property. I can't blame them, and would rather have the proof in my hands too, especially given that it is up to the seller and his attorney to do.
The abstract company contacted my lawyer and the seller's lawyer indicating what was required. The seller's lawyer tried to get the seller's agent to go out and take the paperwork door to door to get it signed, though he said he couldn't as it is a legal matter. This went back and forth for at least 4 weeks. The lawyer though the agent was going to do it. The agent indicated he couldn't do it and that it was the lawyer's responsibility. Lather, rinse, repeat. Meanwhile, my agent contacted the town to get the names and mailing addresses of the neighbors and sent that info to the lawyer, but nothing happened. Finally, earlier this week, we came to the most recent edition of the blame game. The abstract company called the lawyer and dressed him down, explaining that it is his job to do this work, not the seller's agent. I guess they gave him the paperwork, all written up exactly as they need it and advised him to send it out immediately. They advised they will contact him next week to check on the progress.
Meanwhile, I have asked my agent to contact his agent and ask why I have had a checkbook in hand, waiting to write a check to him for over a month. I have waived items that I wish I had the time to complete in order to keep the seller from getting too antsy and bailing on the deal, but if I had been able to predict the problems, I could have taken the time to get all of this done before we close. Of course, hindsight is 20/20 and there is no way that would have been possible, but it still irks me that there is no well drilled. I just want the seller to be made aware that I haven't been holding this up and that I have in fact been waiting to close all this time and that we are waiting on him to provide some info. So hopefully all parties involved in this have buckled down and gotten serious, and we will close this deal before the New Year. That would be nice.
In other news, I did get the septic plan back from the engineer and submitted it to the county health department for approval, so I hope to get that approved before the closing. Unfortunately, it involves removing a portion of the NW stone wall. It is not the end of the world, since the stone walls are not finely crafted, more mounds of stone around the edges of pastures, but still, it will change the face of the property. I am still debating whether it would be best to move the entire stone wall back, or if I should just move the portion that is required to move and set it around the septic drainage bed. In any case, I hope to use much of the stone on the property (and there is plenty of it to go around) for a masonry heater.
Also, many thanks to Scott Davis for the use of a photo he took of a cordwood cabin near his own cabin in the UP of Michigan. He allowed me to gank the image, and with a bit of photoshop work and much help from Good-Tutorials, I was able to turn it into the seamless background tile you now see on this site. He graciously allowed me to use his image after I emailed him, and I will gladly do the same, but I do ask that if you want to use the tile, that you email me first. The other exciting thing that happened to me recently is that I received a very well kept copy of How to Build Log End Houses by Rob Roy (1977) from a member of the local FreeCycle group, which I am quote excited about.
A Happy Thanksgiving, and I will update next when we close on the property or when antigen else interesting happens.
When we decided to forgo having the well drilled or having the septic plans actually stamped by the board of health before closing, I had the lawyer start the title search. The abstract company completed this and faxed the information to 'certify' the survey to the surveyor. I followed up and received the certified survey (4 copies) a few days later and delivered a copy to the lawyer and another to the abstract company.
I hadn't mentioned this when I wrote about the survey earlier, but the surveyor had advised me after his first visit to the property that there were posted signs along the stone walls enclosing the NW and SW corners of the property and that they might cause some problems unless they were placed by the seller. The reason to believe they may not have been placed by the seller was that they are in the middle of the property, not along the lines. He also noted these signs on the survey, along with the stone walls. My agent checked into the signs with the seller's agent and was told the seller has no knowledge of signs within the property and had not placed any signs. Later, while checking the pins and tagging done by the surveyor, I ran into one of the neighbors. I asked her if she knew anything about the posted signs in the middle of the property, and she indicated that she thought one of the other neighbors may have put them up when some kids had taken to riding dirt bikes along the power lines in order to keep them off the property.
When I delivered the abstract company's copy, they looked it over and indicated that they weren't comfortable with the posted signs on the property, especially in conjunction with the walls as noted. I indicated what I had learned might have been the source, but without any documentation of that, they weren't interested in the explanation. The abstract company felt someone might be trying to keep us out of the property with signs and walls. I indicated to them that the stone walls were 100 years old if they were a day, but they have a business to run. The abstract company will not give us title insurance against adverse possession unless the seller gets written statements from all adjoining property owners that they are not trying to make any claim against the property. I can't blame them, and would rather have the proof in my hands too, especially given that it is up to the seller and his attorney to do.
The abstract company contacted my lawyer and the seller's lawyer indicating what was required. The seller's lawyer tried to get the seller's agent to go out and take the paperwork door to door to get it signed, though he said he couldn't as it is a legal matter. This went back and forth for at least 4 weeks. The lawyer though the agent was going to do it. The agent indicated he couldn't do it and that it was the lawyer's responsibility. Lather, rinse, repeat. Meanwhile, my agent contacted the town to get the names and mailing addresses of the neighbors and sent that info to the lawyer, but nothing happened. Finally, earlier this week, we came to the most recent edition of the blame game. The abstract company called the lawyer and dressed him down, explaining that it is his job to do this work, not the seller's agent. I guess they gave him the paperwork, all written up exactly as they need it and advised him to send it out immediately. They advised they will contact him next week to check on the progress.
Meanwhile, I have asked my agent to contact his agent and ask why I have had a checkbook in hand, waiting to write a check to him for over a month. I have waived items that I wish I had the time to complete in order to keep the seller from getting too antsy and bailing on the deal, but if I had been able to predict the problems, I could have taken the time to get all of this done before we close. Of course, hindsight is 20/20 and there is no way that would have been possible, but it still irks me that there is no well drilled. I just want the seller to be made aware that I haven't been holding this up and that I have in fact been waiting to close all this time and that we are waiting on him to provide some info. So hopefully all parties involved in this have buckled down and gotten serious, and we will close this deal before the New Year. That would be nice.
In other news, I did get the septic plan back from the engineer and submitted it to the county health department for approval, so I hope to get that approved before the closing. Unfortunately, it involves removing a portion of the NW stone wall. It is not the end of the world, since the stone walls are not finely crafted, more mounds of stone around the edges of pastures, but still, it will change the face of the property. I am still debating whether it would be best to move the entire stone wall back, or if I should just move the portion that is required to move and set it around the septic drainage bed. In any case, I hope to use much of the stone on the property (and there is plenty of it to go around) for a masonry heater.
Also, many thanks to Scott Davis for the use of a photo he took of a cordwood cabin near his own cabin in the UP of Michigan. He allowed me to gank the image, and with a bit of photoshop work and much help from Good-Tutorials, I was able to turn it into the seamless background tile you now see on this site. He graciously allowed me to use his image after I emailed him, and I will gladly do the same, but I do ask that if you want to use the tile, that you email me first. The other exciting thing that happened to me recently is that I received a very well kept copy of How to Build Log End Houses by Rob Roy (1977) from a member of the local FreeCycle group, which I am quote excited about.
A Happy Thanksgiving, and I will update next when we close on the property or when antigen else interesting happens.
posted by SKelly | 10:33 PM
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