I bought a house on a corner 2 years ago, had a title search ( and title insurance ) the only issued easement was from a phone company and I understand that on a corner I have to give right of way footage from each road, now my question/problem is this, a local gas pipeline company has given me 7 days notice that they will be removing several trees and a building from my property because they are obstructing the arial view of the pipe, there is no recorded easement at the register of deeds, and the pipeline company says they have the easement in hand, ( from the early 1940s ) so is there anything I can do? is the title company liable? isn't an easement abandoned after 60+ years? I am loosing several mature very large trees and an out building with a concrete floor,( that was built in 1965) w-power and water of its own. and I am also probably losing a lot of equity in my home. if they come in and clear cut my property. Had I known about this I wouldnt have bought the house.
2006-12-18 07:07:56 · 3 answers · asked by fighterace26 3 in Business & Finance ➔ Renting & Real Estate
This is why you buy title insurance. Confirm there is no utility easment for your property. Then notify your title company of the situation and advice that you expect to be fully compensated for any losses if the utility succedes. You may ask whether you or they wish to hire the attorney to fight this. If they do, then I'd wait to hear the out come of their settlement, if it was OK then I'd accept it otherwise then I'd hire my own lawyer and include that cost in the suit against the title company.
2006-12-18 07:22:10 · answer #1 · answered by Jim7368 3 · 1⤊ 0⤋
Contact a lawyer right away.. The title company should have shown the easement, IF it is a recorded easement. The truth is, it may not be recorded and thats why the title company didn't show it. Have you lawyer contact the gas pipeline company, IMMEDIATELY. He will have to research this for you. Good Luck.
2006-12-18 07:15:15 · answer #2 · answered by Kathleen M 4 · 2⤊ 0⤋
Remember that they are a utility company, and they are used to getting whatever they want. As far as I know, if an easement is NOT filed with the county, they will have to obtain one. Consult a lawyer before doing anything, or ask your local government (City hall) what you need to do. Since it will affect your home value, I would even consider asking your lender, since they have a investment to protect too.
2006-12-18 07:31:31 · answer #3 · answered by Anonymous · 0⤊ 0⤋