Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Buying & Selling a Home

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-25-2002, 01:26 AM
JavaPoet
Guest
 
Posts: n/a

easements for utitlity and incidental purposes


What is the name of your state? CA
A title report shows two exclusions to title insurance coverage.

1. Easement for public utilities and incidental purposes, affecting southwesterly 5 feet of land.
2. Easement for public utilities and incidental purposes, affecting rear 5 feet of said land.

Is it pretty common for single family homes to have such easements? Are these permanent? Or can we have them removed, once we become the owners of the property.

The plot as shown on county maps is on a North-East to South-West (general direction)street.

Then, are the above two easements the same or different?

Where would you go about finding more information about these easements & terms/conditions, before the closing when it may be too late to do anything about it.

Are the title/escrow company obliged to help on this? Or do we go hire a lawyer. In CA its pretty uncommon to have a closing lawyer,, right?

-JavaPoet
  #2  
Old 10-25-2002, 12:07 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: easements for utitlity and incidental purposes


[quote]Originally posted by JavaPoet
[b]What is the name of your state? CA
A title report shows two exclusions to title insurance coverage.

1. Easement for public utilities and incidental purposes, affecting southwesterly 5 feet of land.
2. Easement for public utilities and incidental purposes, affecting rear 5 feet of said land.

Is it pretty common for single family homes to have such easements?

**A: yes.
*********
Are these permanent?

**A: yes, for the most part.
***********
Or can we have them removed, once we become the owners of the property.

**A: no.
************
The plot as shown on county maps is on a North-East to South-West (general direction)street.

Then, are the above two easements the same or different?

**A: it may be for the same
land area, but the way it is written could be referencing 2 distinct locations.
**********
Where would you go about finding more information about these easements & terms/conditions, before the closing when it may be too late to do anything about it.

Are the title/escrow company obliged to help on this?

**A: request that the title company provide you with a copy of the easement agreement and the survey (if any) demarking the easement areas.
***********

Or do we go hire a lawyer. In CA its pretty uncommon to have a closing lawyer,, right?

**A: no. There are many transactions that involve an attorney to at least to review the contract documents prior to closing.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 03:17 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.