Tuesday, June 25, 2013

The $200,000 word.

What is the difference between "either" and "both?"  Its about $200,000.  I recently performed a valuation where the owner created an easement agreement with a neighboring property owner.  They wished to build a common entry between their buildings which straddled the common property line.  In crafting the agreement, however, they worded the termination clause to allow "either" party to cancel the agreement.  Normally, such easement agreements require mutual agreement to cancel.  Since either party could cancel the easement on a whim, the beautiful $200,000 entry way had no contributory value.