Would like some feedback from some of you whom are familiar with easement issues. Here is my story...

STATE: MASSACHUSETTS

I purchased a property approx 1.5 yrs ago with an "access and utilty" easement located approx 15-20 ft into my front yard. My home is at the end of a cul-de-sac. Unfortuately at the closing table after we had already moved out of old house, the seller gave us a document to sign. This document clearly should have been reviewed more carefully, however, emotions of a new home were at play and we were not thinking properly.

The document was a land swap agreement between us and the seller. It states that if the town requires the seller to become the fee simple owner of the easement area, we would agree to deed him that land in exchange for land on other side of property. The agreement was to meet any requirements needed to access land in the woods which seller currently owns.

Here are some problems I am thinking of:
1. There is no termination date on the agreement
2. I would assume now that its now possible, if we deeded the easement, our lot would be non-conforming (big problem) ie. would not be 30 ft setback if seller decided to blow out culdesac and put a roadway thru easement.
3.I am pretty sure this agreement was not recorded with the registry, but if it was, could I have a bad title now?

I am quite worried about potential legal issues with the seller.

How do any of you feel about this story?
I would like to try and get out of this agreement somehow. I need closure on the issue

Thank you very much for reading.

riley c... thanks for your comments

My need to rid myself of this agreement comes from that fact I think our home is un-saleable with this agreement in place. Not sure anyone would buy a home with an easement that could potentially take a large portion of the front yard in a worst case scenario and make it into a road extension.

If I am correct, the agreement would last forever since there is no termination date...sooo..whomever bought the property would have the same issue.

You need to consult a local attorney. The thing is- if this is the only way the other folks can get access to their wooded land, they are going to get an easement by necessity anyway, so with this being such a specific situation and the entire land features and restrictions not known- you cannot get an answer online. You need to seek real world help and assessment from an attorney, maybe a surveyor also.