So, my partner and I are in the process of buying a house in Wisconsin, and boy, did we stumble upon a surprise! Turns out, there’s this massive easement for a stormwater drainage swale that the sellers conveniently forgot to mention. Picture this: a chunk of our backyard, about 20×156 feet, is off-limits due to this easement. And why is this a big deal for us? Well, we wanted to put up a fence to corral our furry friends (aka our dogs) in that very spot.
We were upfront about our intentions, even asked the sellers about any restrictions before putting in our offer. But they were as clear as mud. It wasn’t until a rainstorm hit during the inspection that we realized the full extent of this swale – water gushing through our soon-to-be backyard like a mini river. Turns out, this easement is the Godzilla of easements in the neighborhood, and we’re stuck with it, unable to touch or obstruct it in any way.
Naturally, we told the sellers, “No, thanks, we’re out.” But instead of gracefully letting us off the hook, they’re trying to fix the issue. They want to “remedy” it, as they say, rather than agreeing to cancel the deal. We’re crossing our fingers for a smooth exit, but also bracing ourselves in case they get pushy and threaten legal action. Any fellow homeowners been in a pickle like this before? Any words of wisdom to share?
Oh, and here’s the latest scoop: we’ve got both inspection and appraisal contingencies in place. Our inspection deadline came and went, and we wasted no time flagging the drainage concerns and the urgent need to level out the backyard. The very next day, the Village dropped a bombshell – that 20-foot stormwater easement at the back of the property? Yeah, that’s our new “backyard feature.” And get this, no one, not us buyers nor the sellers, can so much as sneeze in its direction without breaking the law.
Now, the ball’s in the sellers’ court. They’ve got five days to make things right under their “right-to-cure” option (deadline: Tuesday, 5/20). And get this, the Real Estate Condition Report they handed over stated they were clueless about any pesky easements. Talk about a plot twist!
So, here we are, waiting