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Old 02-17-2001, 02:00 AM
mwa777
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House built on top of drain easement


My wife and I bought a house, and thirty days after closing the yard flooded very bad and so did living room. After further investigation we found that on original plat (which we had not seen), our property was two lots combined (in a subdivision), and we have a drain easement that runs between the two lots. Our house is built squarley on top of this easement. This easement was never disclosed by seller who had helped to build the house.The contractor states that he assisted in pulling permits for the previous owner to build himself, so he has nothing to do with it. How could county zoning and permit ever allow permits to be issued? There are no records of vacating the easement? This was also never pointed out to us by closing attorney.I live in Ms., and the house is 18 years old.I am pursuing the previous owner, and contractor. COuld I run into some sort of statutes of limitations, and or do I have any recourse against the county? Thanks for your opinion!

[Edited by mwa777 on 02-17-2001 at 02:45 AM]
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Old 02-17-2001, 12:04 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
You have a major and complex problem. Consult a real estate attorney right away.
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