What action can we take against the sellers agent who knew hat there was an esaement attached to the property but felt it didn't need to be disclosed?

November 15, 2007

Posted by Chavez43

( 1 rating )

You can take several actions. First, does the easement effect the market value of the land?

Take a look at your title insurance policy to see what is covered and what is not covered. Usually you would expect to find that a recorded easement or use restriction would be covered.

Appraisals represent judgments and one question to be asked is whether another appraiser -- say someone you selected -- would have a different answer.

Surely the full enjoyment of your property depends on your ability to use all the property you bought and all the property on which you pay taxes. You might not even have bought the property had the easement been originally disclosed. It may be more difficult to sell since you must now disclose the easement -- thereby potentially reducing market value.

You might want to continue your dialog with the title insurance company. If that process gets no where, speak with a local real estate attorney.

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