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Easement nightmare, need sound advise please? |
In August of 2007 we purchased a house and 10 acres. (Missouri). In August of this year the person who owns 1/3 of a 10 acres that is located directly behind us came to the house and told us there was an easement through technically through our front yard to his property. I forgot to mention, the survey was done less than 10 years ago, in the survey there is no mention of exclusions, inclusions or easements, nor or any marked. My property boundries are clearly marked by the survey company. Easement may have been granted as an easement appurtenant to one of the past owners and not be obvious on your title or deed. A competant title search should reveal if at any time there were such an easement granted; you might do well to hire a full search on the neighbor's property with an eye to finding the ROW. In most state law, it is illegal to landlock a property; but that does not mean the owner of the lot in question can place an easement. In addition you state "title insurance"; if you have an owner's policy, the title company has some responsibility for locating the easement as well as insuring it; and if there is no easement,. they have a responsibility as well to defend your fee simple title rights. If there is no record of the easement legally recorded at the County courthouse, there is no easement. You can go to the county clerks office and they can help you research all applicable documents relating to the property. |
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