Help! I need legal advice re: easements

[riptides]

Another question:

Where are easements recorded at? Are they on your title for the property? Are they on the plat map? Are they in the property deed? Are they bounded by surveyors, i.e. recorded in or on plat maps? I ask because I am of course looking for some....

Thanks,
-Mike Z.

 

[Gary_in_Indiana]

MDNY,

I wouldn't even involve my attorney at this point. Get in contact with the title insurance carrier and tell them what's going on. It's their job to quiet any covered claims to the title. I say "covered" claims because title insurance, just like any other insurance, does have exceptions.

 

[WVBill]

I think it's possible that the markers the lady is refering to are NOT actually on any property line. (Right Mark?). When my neighbor's house sold, one day I noticed some surveyors setting up a transit over a marker out in the middle of my front yard - I had'nt ever noticed it was there. I almost panicked - it was at least 75 feet from any of my property lines. The surveyor said not to worry - it was just a marker they put in when they originally surveyed the prperty for sub division because it gives them clear sight lines to several property corners.

 

[mdbarb]

they are recorded on the deed and mentioned in the title insurance report

 

[mdbarb]

yea, in my neighbors complaint he says they just always felt it was their land as the edge of the pond is somewhat parrallel to the property line (just about 40 feet away) and the seller's agent said it was there. Go figure.
As an architect, I have come across so many people who feel their property line is at the back of the sidewalk or some topographic feature. Most propertylines are laid out in the office ignorant of any man made features.
There is no way an ariel survey is more accurate than your surveyor. But as we are discovering - just because its on your side of the line doesn't always guarantee its yours.

 

[BillG_in_TX]

<font color=blue>"you can now download software from the Internet that will do this"</font color=blue>

Mike,

Do you have the address for downloading that software? It sounds like something that I could use if I decide to divide my property - before calling out a surveyor.

Thanks,

 

[MikePA]

<A target="_blank" HREF=http://www.johnsonmapping.com/Demo.html>Deed Plotter +</A> is one. I did not buy this software, I used it for a few days...long enough to enter the information from my deeds and get a print out.

 

[riptides]

re - mdbard

And if the easement is not on the deed or title report what then? Is it not an easement? What I have is a sub-division plot
but nothing on a deed or title report that gives specifics......

The sub-division plot show no specifics other than a line.....
-TIA
-Mike Z.

 

[BillG_in_TX]

Mike,

Thanks! It looks like it may be what I was looking for and didn't know it.
For a 30 day trial, it's worth the price for sure. /w3tcompact/icons/grin.gif

 

[Anonymous Poster]

Sounds as if you have a house location survey. The courthouse (county) records should have the originals on file. If it's not marked on your plat, then (depending on where you live) it's probably not a deeded right of way. BUT, when the plat was drawn,there might not have been a legal right of way, just a mutual agreement one. Sometimes when larger parcels are split, usually for family members, all of the t's and i's aren't crossed. The family members doing the giving and receiving don't want to pay for all the extra expenses of adding all the features. Bottom line, call the company that did the survey, ask for the person whose stamp is on the plat and ask them to explain the particulars of that property. Sometimes you hit the jackpot and get more history than you want to know. Surveyors are the guys getting the calls from the insurance co's. and attorneys, so why not go to the horse's mouth?