Clearing Hurdles and Encroachments to Get Deals Done
Unforeseen issues and circumstances often arise during real estate transactions and the attorneys at Adam Leitman Bailey, P.C. have the experience and expertise to maneuver and procure successful outcomes for their clients.
During the recent representation of a seller of residential real estate, upon receipt of the title report and survey of the premises, it became apparent that our client did not have a driveway on his property that would allow for ingress and egress between the house and the abutting public road. What our client understood to be his driveway situated on his property actually encroached onto the premises adjacent to the north by several feet. As a result, the title company would not ensure the right to use any part of the asphalt drive lying outside of the record lines. The driveway was being used as a shared driveway with the adjacent lot owner but there did not exist a shared driveway agreement on record. Adam Leitman Bailey, P.C. drafted a Driveway Easement for Ingress and Egress and a Driveway Maintenance Agreement that was approved by the title company, the purchaser’s attorney, and the adjacent lot owner’s attorney, successfully curing the title issue and allowing our client to close on the sale of his home.
In the representation of a purchaser of residential real estate, the seller due to circumstances that arose after already entering into the contract, became unable to proceed with the transaction and sought to cancel the contract. Adam Leitman Bailey, PC. negotiated a favorable settlement for our clients, who in turn were able to leverage the proceeds of the settlement towards the purchase of a new home that recently closed successfully, and the clients are thrilled!
Keith A. Bialek, Esq. of the Transactional Department at Adam Leitman Bailey, P.C. oversaw both transactions for the firm.