Rural - Easement not disclosed
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 |
On 9 Dec 2004 10:01:26 -0800, someone wrote:
We have a contract to buy land on five acres in Texas. I want to see what you all think about this situation: Your entire posts clearly demonstrates that 1) you don't know what you are doing; and 2) you should be asking your attorney not this NG. Since you ALREADY KNOW about these possible easements, the Seller's and Realtor's "non-disclosure" is now immaterial. You do in fact know. You CANNOT go farther, and then still invoke that they didn't tell you, because you in fact do know. In my area, searching title is the responsibility of the Buyer, who will be stuck with the results. No Buyer here would even WANT the Seller to be responsible for any "title report". Its in the Buyer's interest to find everything, and the Seller's to gloss over any problems. As Buyer, who do you want to be doing the report? But of course custom varies by area. Get your lawyer on this. The power company is not going to move the line unless you pay the big bucks to have it done. If you don't like the above, NOW is the time to say "you didn't disclose the power line, I found it out about it, I want out. Sorry you can't wait until the closing and then pop this. -v. Reply to NG only - this e.mail address goes to a kill file. |
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A right of way is clearly one form of easement, in any state. In fact, a right of way is a "classic" example of an easement. An easement is the right to use another's property in some fashion. It can be express, or implied, and can be written or gain through "use" over a period of years. Some easements will show up in deeds, some in surveys, and some in the public records, and some are not well-documented. A good real estate lawyer can answer the specific questions that you have in your state. --James-- |
James Nipper wrote:
A right of way is clearly one form of easement, in any state. In fact, a right of way is a "classic" example of an easement. An easement is the right to use another's property in some fashion. It can be express, or implied, and can be written or gain through "use" over a period of years. Some easements will show up in deeds, some in surveys, and some in the public records, and some are not well-documented. A good real estate lawyer can answer the specific questions that you have in your state. --James-- Interesting; around here, "easement" is used for the right to place objects on a property (like gas lines and power poles) and is distinct from the right to pass over a property. Chip C Toronto |
On 21 Dec 2004 07:45:38 -0800, someone wrote:
Interesting; around here, "easement" is used for the right to place objects on a property (like gas lines and power poles) and is distinct from the right to pass over a property. Chip C Toronto A right to pass over is just another kind of easement. Since it is a specific kind, its often called by its more specific name. All zebras are animals but not all animals are zebras. All right of ways are easements but not all easements are right of ways. As both the US (majority of jurisdictions) and Canada have British common law roots, this should not be so different in either nation.. Reply to NG only - this e.mail address goes to a kill file. |
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