Easements

[greatdane]

What is the name of your state? Pennsylvania
We are in the midst of building a new home. Actually they haven't broken ground as of yet. We were informed after our closing that an easement is running through the middle of the property. Now the house that we planned to build cannot be built according to the original plans/specs.
We met with the builder & agent on the property at least a month prior to closing because we had concerns about the property. There is a pipe running towards the end of the property. They told us we had nothing to worry about then. On our title insurance there is an easement listed but without any location - just "running through property" Honestly, I did not know what an easement was until nearly a month after closing when they discovered the problem.
What are our rights? We contacted a lawyer but he is not putting any effort into this. He thinks we should probably settle. This is not the same house that we had planned to build. We are not happy....PLEASE HELP!

 

[annefan1000]

Who originally obtained the easement? Was it the borough/township? Was it a developer for purposes of installing sewer/water?
The title company should be able to search this, and should have thoroughly searched this BEFORE going to settlement.
Call the State Real Estate Commission in Harrisburg, and they will be able to direct you (717) 783-3658.

 

[FarmerJ]

One easy way to try to learn what that pipe is for is to contact a utility location service where they can tell you what might be running through the property before digging . This way you can learn if it is a public utility gas line or water/sewer or other utility conduit . If they have no records then take a close look at surrounding propertys and city records to see if a privately owned water /sewer tap connection is leading from the street through your property to a neighbors home OR ask the people who live on parcels surrounding yours if there ever was any utility lines of any sort run through your land to get them connected , there is a remote chance that the line might even be abandoned , If it was installed many yrs ago and had been re done with newer development . PS It is possible that if its a privately owned sewer /water or gas line that the current user of it might not know any thing about it . I used to have a home that had a common sewer tap with the home next to it and the current owner of the home next to it had no idea about it ,And found out about it when he and his wife had that home torn down , they were quite mad that they had to spend a bit more to have the contractor who was tearing it down take steps to protect the sewer line from damage and were prevented by the city from capping the line . My point , as time goes on sometimes folks just dont have any knowlege of whats under ground on there land or things were done so long ago that only the oldest of the oldtimers on a street might know or recall when or what something was done for .