Stuck Between a Pool and a Sand Mine! WE NEED YOUR HELP.

Survey

OK so I need some help today. I have potential Sellers who unfortunately have a swimming pool that was built on an utility easement. They’ve lived in this house for over 20 years. When the pool was added 20 years ago permits were pulled by a contractor and it was never mentioned that the pool would be an encroachment. The lot is big enough that it would have fit with no issue on the other side of the house.

Now they want to sell but are not able to give clear title AND no one will claim the easement. Behind the house is an old railroad and a closed sand mine. 

It seems like it would be a fairly simple thing to vacate the easement or just move it back 20 feet. But noooooooo! We can’t seem to get over this hurdle.

So far the only solution that has been given my Sellers is to move the pool. The Sellers are not able to sell and get on with their lives. They are in their 70s and bought a motor home last year with the intent of selling this house and using the money to help them travel around the country. Now their retirement dream has become a nightmare.

We’re stuck. Any ideas?

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