DIYbanter - View Single Post - Rural

wrote:
We have a contract to buy land on five acres in Texas. I want to see
what you all think about this situation:

* The seller checked "no" under "Unplatted Easements".
* There is a power line running 100 ft across the south corner of the
property.
* No easement at all is shown on/near our property on the tax
assessor
survey (this is a 160-acre survey, which seems the best they have).
* The realtor says the power line is not disclosed because they dont
list "normal easements" and that "all developed rural properties have
them anyway".
* There is a dirt road along this power line (1995 aerial photo)
servicing a neighbor's house. This dirt road is now blocked by a
perimeter fence and appears overgrown.
* In 2000, according to tax records, this neighbor built a bigger
house, and the tax assessor lists an address for him on another road
on
another side of his property, plus the survey map shows a 30'
easement
there servicing his house. This suggests the former dirt road is
abandoned.
* The power line is ok but I don't want the neighbor using this road
to
get to his property.
* I'm figuring all easements will appear in the deed at closing, and
if
it's unacceptable we can reject on the grounds that it wasn't
disclosed.

Does this sound ok?

Also, whose permission would we have to get if we wanted the power
line
moved, since this would disrupt the neighbor's electrical service?

RPM

The neighbour using the road would (in most places) be called a
right-of-way, not an easement. The power lines are an easement.

I've had friend find that a neighbour's right-of-way to pass over his
back yard was recorded on the neighbour's deed, but not his own. Get a
lawyer and ask if this is possible in your jurisdiction, and if so,
have him check the deeds of the surrounding properties, or wherever
else such a thing might be filed.

I would seriously consider contacting the neighbour and asking him what
his intentions are for that road. Now's a better time to chat him up
than when you see his truck on your land the day after you buy.

I would also figure that the power company has a right-of-way to get to
that line, whether there's a road there or not.

Chip C
Toronto