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| CRE Online > Real Estate Law > Bill Bronchick > Question and Answer |
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Question:
Six months ago, I bought my current residence. It is a 3 Bdrm, 2 Bath house, with 4.5 acres. There are over 90 feet in width Cp & L utilities easement, which goes to the end of lot (about one acre). PROBLEM: Last week the Gas Co. informed me that they are planning to dig inside easement area, and plus they purchased over 15 feet in width as "RIGHT OF WAY" from the previous owner as working area. And GAS CO. showed me the necessary survey and documents that purchase land from the previous owner. QUESTION: I must say, I had no information about this "RIGHT OF WAY" purchase. My closing attorney did not mention it. Also I did not received any document regarding this matter. My house survey paper does not indicate any drawing or document to show this "right of way" information. Who is responsible for this mistake? Answer By William Bronchick: If the easement was recorded, it would have shown up on your preliminary title report and/or title insurance commitment. It is very common for entire subdivisions to have recorded easements for public utilities. Read your deed - it may show up on the legal description as something like "subject to an easement over the rear 15' to United Gas Company by document recorded 1/5/87 at Book 4568, Page 34." If the easement was in the preliminary title report, then the title policy with "except" this easement (meaning it guarantees you are the record title holder EXCEPT certain items). If the neither the title insurance policy or preliminary title report mention the easement, then someone probably missed it in the search of county records. In this case, the title company would be liable. Disclaimer: The foregoing is not intended to be given as legal, financial or tax advice, but intended for instructional use only. If you require legal, financial or tax advice you should seek the assistance of a qualified professional.
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