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  #1  
Old 04-12-2006, 02:08 PM
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Join Date: Apr 2006
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Undisclosed Easements


What is the name of your state? Ohio

I just bought a house 2 weeks ago directly from the seller--no realtors involved. I was not advised of any easements attached to the property. I just now learned of substantial city sewer and utility easements which limit the use of 50% of my backyard. Had I known of these easements I would not have purchased this property. At no time did the seller or the title company advise me of the existence of these easements.
My question: Is there a legal requirement incumbent upon the seller, title company or anyone else to disclose the existence of such easements to the buyer? Or is it purely the buyer's responsibility to search out the existence of any easements in public records?
I would like to undo this purchase if I have a legal basis to do so, because I don't want a property that I largely can't improve or use as I need to. Thanks very much for your advice.What is the name of your state?
  #2  
Old 04-12-2006, 04:26 PM
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Location: I don't know. The guys with the keys won't say. I think it's top secret info.
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Quote:
Originally Posted by figliano
What is the name of your state? Ohio

I just bought a house 2 weeks ago directly from the seller--no realtors involved. I was not advised of any easements attached to the property. I just now learned of substantial city sewer and utility easements which limit the use of 50% of my backyard. Had I known of these easements I would not have purchased this property. At no time did the seller or the title company advise me of the existence of these easements.
My question: Is there a legal requirement incumbent upon the seller, title company or anyone else to disclose the existence of such easements to the buyer? Or is it purely the buyer's responsibility to search out the existence of any easements in public records?
I would like to undo this purchase if I have a legal basis to do so, because I don't want a property that I largely can't improve or use as I need to. Thanks very much for your advice.What is the name of your state?
Did you have a title search done? Did you read the report? It should be in there.
  #3  
Old 04-13-2006, 01:43 PM
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Quote:
Originally Posted by justalayman
Did you have a title search done? Did you read the report? It should be in there.

Agreed.

ARe you saying these easements are NOT in the public record and that the title company MISSED them in their title search- and failed to show them on their title commitment?
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  #4  
Old 04-17-2006, 02:06 AM
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Did you ask for an as-built survey? This is one reason that I absolutly HATE the for sale by owner junk. Real estate brokers get paid for their service and your event is not uncommon. Since you are where you are that's not important at this stage. What do you want to do with the portion of yard that has easement? They're not the end of the world and can be worked around. If you just want to fence it, go ahead! If you want to build an addition or detached garage or permanant structure.....no.
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