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

In article .com,
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.

It better have an easement. If it doesn't yet, the power company
could probably trivially force an easement through. It probably does.
In our area, PG&E would never build a line if it doesn't have a
legally waterproof easements (they are no fools).

* 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).

In our county (in California), the tax assessors survey does not
show all easements. That's because the assessor only cares about
ones that obviously increase or decrease the current value.

* The realtor says the power line is not disclosed because they dont
list "normal easements" and that "all developed rural properties have
them anyway".

In California, this would be nonsense. A title report from a title
insurance company would show them, if they are in the public record.
The realtor has a legal obligation of knowing the information in the
public record, and disclosing it. So the realtor would be guilty of
withholding information. Looks to me like you found a
less-than-honest realtor.

* 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.

Neither of which means that it is legally abandoned.

* The power line is ok but I don't want the neighbor using this road to
get to his property.

Then make sure that he has NO easement.

* 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.

I wouldn't be sure they appear in the deed. The may have been
recorded separately from the deed. On our lot, only two easements are
attached to the deed; the other dozen or so are separate documents.

Does this sound ok?

Depends on the level of risk that is acceptable to you. I would in
this situation immediately force the realtor to get a full title
report, with a search of the public record, and then run (not walk)
with it to an attorney who specializes in real estate law. Most
importantly, I would not listen to advice from neighbors, the seller,
or realtors (all of whom have a stake in the matter), or from random
people on the internet (who don't know the situation).

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

If the power line has an easement, you have to get the holder of the
easement (either the power company or the neighbor) to agree to
quitclaim the easement. In a real-world situation, you'd have to give
them an inducement to abandon it, for example a few tenthousand $.

If the power line does not have an easement, the question is whether
the user (again, power company or the neighbor) could force a
prescriptive easement, based on existing use. If yes, then see above.
If no, you have to probably threaten both of them with a lawsuit.
Bewa The power company has lots of lawyers. For them, it is much
easier to spend a few tenthousand $ on their lawyers than to spend a
few thenthousand $ on rerouting the power line.

Remember: The cost of running a new power line is typically $10-$20
per foot, depending on the terrain. This means that getting someone
to move a power line will be an expensive proposition, so they'll push
back.

By the way, most importantly: These people are going to be your future
neighbors; you'll live next to them for many years to come. Do you
really want to live in a situation where the tone of the relationship
is set by "I don't want the neighbor using this road" and threats of
lawsuits?

--
The address in the header is invalid for obvious reasons. Please
reconstruct the address from the information below (look for _).
Ralph Becker-Szendy

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.

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

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.