Easement and house contract

[bilhanb]

What is the name of your state? VA

I signed a contract on a house last week, and then I learned that there are 2 easements on the property (one from a utility company and the other from the power company). These easements were not mentioned in the contract or in the disclaimer form. So, I want to know if I can walk away from this contract?

[nextwife]

Have you actually reviewed these easements? In my community virtually EVERY home has a power company and water utilty easement. At least there is if they have utilities and water lines. These are often just provided so the utilities can access their lines, for example if there is a disruption of service or update requiring access needed. Also, as the lines tend to run along the rear and side perimeters of lots, they may also need to come in and trim tree limbs that may interfere with the power lines. This sort of easement is pretty standard, and I rarely see an improved lot NOT have such an easement. Before walking from a deal over utility easements., why not at least review whether these are problematic or fairly standard easements?

[bilhanb]

Yes, I reviewed the easements. The water utility easement is at the rear side of the backyard and 10ft wide in the property, I do not think that it is a regular easement. The power line easement is much worse because there is a high voltage power line goes across the backyard. It covers the whole backyard (85 ft wide) (does not touch the house). Nobody told me anything about these easements, not even my agent. I do not know what I can do about this contract…

[HomeGuru]

Originally Posted by bilhanb

Yes, I reviewed the easements. The water utility easement is at the rear side of the backyard and 10ft wide in the property, I do not think that it is a regular easement. The power line easement is much worse because there is a high voltage power line goes across the backyard. It covers the whole backyard (85 ft wide) (does not touch the house). Nobody told me anything about these easements, not even my agent. I do not know what I can do about this contract…

**A: read your title report and request copies of all recorded easement agreements.

[bilhanb]

ok. I will do that today, but I do not like that I have that big easements on the property. Basically these easements means I cannot build anything or have a tree in the backyard, and power and utility companies can come and dig my backyard anytime they want. I cannot accept that. So, can I get out of this contract before the closing?

[HomeGuru]

Originally Posted by bilhanb

ok. I will do that today, but I do not like that I have that big easements on the property. Basically these easements means I cannot build anything or have a tree in the backyard, and power and utility companies can come and dig my backyard anytime they want. I cannot accept that. So, can I get out of this contract before the closing?

**A: there should be a contingency in your contract something to the effect of review and approval of the title report etc. Where is your Realtor?

[bilhanb]

My realtor does not know anything. She sent me to a lawyer... The contract says:

Seller shall convey marketable and insurable title to the Property by general warranty deed, unless otherwise specified below, subject to any easements, covenants and restrictions of record, which do not adversely affect the use of the Property for residential purposes.

"adversely affect" is a relative statement, but I think these easements "adversely affect the use of the Property for residential purposes", because I cannot build anything in the backyard. So, can I cancel the contract based on this?

[HomeGuru]

Originally Posted by bilhanb

My realtor does not know anything. She sent me to a lawyer... The contract says:

Seller shall convey marketable and insurable title to the Property by general warranty deed, unless otherwise specified below, subject to any easements, covenants and restrictions of record, which do not adversely affect the use of the Property for residential purposes.

"adversely affect" is a relative statement, but I think these easements "adversely affect the use of the Property for residential purposes", because I cannot build anything in the backyard. So, can I cancel the contract based on this?

**A: NO......