Easement Problem

[midapo]

What is the name of your state? Texas

I am considering buying a property in Texas. When checking the survey, it was discovered that there is an easement given to the city for a sewer line. This line was put in back in the 40's. The house was built in 1962 on top of the easement. I spoke with the city inspector and he said they have never had any problems with the line and do not expect any. If they did, he thought that they would go around the property.

I am somewhat uncomfortable with this. I think this effects the property value and possible resale. My question is: What rights does the easement give the city with respects to my house? Can I still get a title policy? Is there any way to protect myself?

 

[demartian]

Easement

It's one thing to have a utility in the yard and many of us do. But if the house is ON TOP of where the line is, I would be rather uncomfortable with that even if it was acceptable to them.

 

[IndianaOwner]

I wouldn't be too concerned about that at this point in time. I assume the house is merely built on the easement and NOT over the sewer pipe itself! Fixtures on easements happen all the time... If it is causing sleepless nights (and it should not) maybe the city will sign a document you could record...plus you have title policy... I would not be concerned about it.

 

[midapo]

No, unfortunately the pipe runs directly under the house.

 

[acmb05]

No, unfortunately the pipe runs directly under the house.

Do not buy the house. You are asking for nothing but problems.

 

[IndianaOwner]

The common sewer pipe is UNDER your house??? This is not the usual circumstance...do you have a slab foundation house? I would be concerned and discuss the matter with the city...