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liblumo · Aug 8, 2007, 11:25 PM

Several years ago I sold some acreage to a private party and the closing was held at a title company. The transaction was closed in 1999. According to the settlement statement, the title company was paid for all recording fees. (not itemized).

The sales contract stated that I would be granted one water line into a community well when it was drilled. I just recently discovered that this well grant, which was an essential part of the agreement, was never recorded and is not part of the deed.

1. Who was originally responsible for recording this well agreement at closing?

2. Can it be recorded now after more than seven years? (any statute of limitations?)

3. Can I record it myself, and if so, what documents do I need to do this?

Any advice is greatly appreciated.

LisaB4657 · Aug 9, 2007, 05:28 AM

Was the well agreement a separately prepared document or was it just part of the sales contract? If it was a separate document then the title company was responsible for having it recorded. If it was just part of the sales contract then the closing agent was responsible for having a separate, recordable document prepared and given to the title company for recording.

Yes, you can have it recorded now. But you need to make sure that it is a separate document that has been signed by the grantor and notarized so that it is capable of being recorded.

I recommend that you speak to a real estate attorney to make sure this is handled properly. It is important that the document be recorded against the property where the well line is located, not against your property. If it isn't recorded against the correct property then it will not be enforceable.