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#1 |
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Posts: n/a
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Easements not disclosed during sale of house
Been getting the run around for 2 years now regarding an easement that is on my property pertaining to a sewer line. Which is not for my house, but the shopping center behind me. Never was disclosed at closing. Who is responsible for this and what can be done. Please help. Can
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#2 |
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What has been the actual problem?
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#3 |
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Junior Member
Last Online:
06-16-2007 06:39 PM Join Date: Feb 2007
Posts: 5
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Easements was not disclosed during sale of house, and is not on my survey or deed. Problem is my sewer line is connected to the sewer line that the easement is on, which is to a strip mall. House has drainage problems, including back ups.
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#4 |
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Posts: n/a
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The title company can be sued if you had a title search/policy done. Or you can go after the seller or realtor if you think they purposely and fraudulently hid the fact. Otherwise there is often not too much more you can do.
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#5 |
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Junior Member
Last Online:
06-16-2007 06:39 PM Join Date: Feb 2007
Posts: 5
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Thanks for the help, but i don't think i can go after the title company since he found the easement. So i think he is safe. Just wondering if the title company was able to add it on after the fact. We were just not told by anyone prior to closing or at closing or 2 years later. At least this is what my research has uncovered. Never got a copy of my title, finally going to obtain one now. What a mess. Going to go to the county clerks office to see what i can stir up. Let the fun begin.
Thanks again |
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#6 |
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Posts: n/a
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Let us know what the clerk says?
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#7 |
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Junior Member
Last Online:
06-16-2007 06:39 PM Join Date: Feb 2007
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will do. Thanks again
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#8 |
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Junior Member
Last Online:
06-16-2007 06:39 PM Join Date: Feb 2007
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Sorry took so long to get back. Received a copy of the easement. not that helps me much. Had the sewer company come and look into the sewer line, my house is connected to a commercial shopping center sewer line which is why their is an easement on my property. The title company did find this during the time of closing, but my lawyer never brought it to our attention. main question now is it illegal to have a residential house sewer connected to a commercial shopping center. Which is the cause of sewer problems within my house.. And what can be done now. Do i go after the lawyer for not notifing us about the easement, or just deal with it. thanks again
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#9 |
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Top Level Member
Last Online:
07-11-2008 12:49 PM Join Date: Mar 2007
Posts: 694
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If it was on the title report why did you not see it; did the lawyer tell you he would explain and address each issue on the report--if he did, he could be liable.
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#10 |
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Junior Member
Last Online:
06-16-2007 06:39 PM Join Date: Feb 2007
Posts: 5
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Lawyer told us he didn't know about it at the time of closing. And there is nothing on the survey of the property. Not sure why we didn't notice it on the title during closing. Had a hard time getting the copy of the title, had to call around a few times to get it, which was only a couple months ago. What a mess. thanks
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