Only one spouse signed a "view easement". Now what?

[Charlie MacPherson]

I'm trying to help a family member sell her house in Boothbay, Maine.  There was an offer that blew up because of a defect in a "view easement".  The buyer's attorney claimed that only one of the two spouses signed the easement.

There is a significant water view from their property, near the top of a hill.  If a builder were to construct a house in front of theirs, the view could be much less attractive.

Any ideas on how to proceed?

[Jay Hinrichs]

And or if the title underwriter will honor that easement.. who cares what the attorney saysif the title insurance will insure it for the buyer your good to go.

but then again maybe closing attornies in your state write the title opinoins :)