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  #1  
Old 11-25-2008, 08:32 PM
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Title Insurance coverage


What is the name of your state (only U.S. law)? North Carolina

We are in the middle of a renovation project. In seeking the permit to expand the back of our house. The city inspection department informed us that there is a city pipe water/sewer running under a portion of our property and the construction is not allowed.

We had title insurance at the time of purchase as well as a survey and nothing was indicated regarding this pipe. This "easement" does not seem to be recorded with the register of deeds either.

Does title insurance cover remedies needed to relocate this pipe so we can finish the construction?
Thank you
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Old 11-26-2008, 10:50 AM
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You'll have to read your policy. However, this doesn't sound like a title defect. The survey typically done for the bank's benefit at purchase time is usually just a house location plat (one that assures them the house is on the property and the acreage is as applied). It may not show all easements and certainly does not show building restrictions. However if the easement was not correctly established in the first place, it may be covered.

You may need to get a lawyer involved.
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Old 11-29-2008, 02:11 PM
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Join Date: May 2007
Location: Southern Oregon
Posts: 148
There is a more thorough and detailed title search available than the one you got. It goes back a hundred years +/- to the start of large plots of land being sold/divided into smaller acreage.

Maybe the title co will do this for you at no cost. Perhaps you might have to pay. Perhaps it will show an easement that was not previously recorded.
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Old 11-30-2008, 01:38 PM
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Join Date: May 2000
Location: Catatonic State
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Quote:
Originally Posted by randyg View Post
What is the name of your state (only U.S. law)? North Carolina

We are in the middle of a renovation project. In seeking the permit to expand the back of our house. The city inspection department informed us that there is a city pipe water/sewer running under a portion of our property and the construction is not allowed.

We had title insurance at the time of purchase as well as a survey and nothing was indicated regarding this pipe. This "easement" does not seem to be recorded with the register of deeds either.

Does title insurance cover remedies needed to relocate this pipe so we can finish the construction?
Thank you

**A: what papers have the city given you to prove the easement? Not that they need anything in writing, but curious.
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