Non Disclosure of Path Easement

We purchased a home in Chanhassen, MN in 1993. Six years later we found out that a 15-foot easement for the purpose of a public trail is on our property. This was recorded in 1988 but was never put in. The front of our 0.9 acre lot is only 65 feet wide and the easement would take up 1/3 of our front lawn and most of the side yard. The previous owners were aware of this, yet it was not disclosed. There was no mention of this with from two 2 realtors nor the title company. And NO, for some reason we did not obtain title insurance. I was not present at the closing, my realtor was present as my POA with my husband. There is 18.5 feet from the side of my house to the property line and 15 feet of this is easement. Our city council voted on Monday that the path is going in.

Any suggestions or recommendations?

Why was the builder of this house given a permit when the easement was present? Aren't their set back requirements? The path easement overlaps the utility easement. The plat of our lot does not show the path easement, yet I found it in a written addendum at the county recorders office.

Can the city put in a path in the front of our home and knocking out most of our side yard directly under our bedroom window? It is going to look awful. We live in an upper bracket neighborhood and this will dramatically reduce our property value.....and we pay almost $10,000 in property taxes, more than most lake shore owners in my area and this is not a lake shore lot.

[HomeGuru]

Before closing did you review the title report and the survey? If so, was the easement noted on either document?

We were issued a Warranty Deed by the title company that did not disclose the path easement. There was no survey done.

[HomeGuru]

You should have gotten a survey and title insurance.
Now you need an attorney to review the case.

No one recommended getting a survey. We moved here from California and a survey was never recommended for each of the three homes we purchased there. Our realtor here in Minnesota acted as POA for me at the closing with my husband and signed on my behalf. Since we were unaware of a survey and we can't find any documentation as to why title insurance was purchased, isn't it in part, our realtors responsibility to advise, recommend or make sure these were done?

[HomeGuru]

Then your Realtors were idiots, all of them.

You are correct, regarding the realtors. We hired an attorney a couple years ago when we first found out about the easement. He recommended working with the city and our neighbors for resolution first. We had that temporarily.

Something I didn't mention earlier. A few months ago I called the title company annonymously asking about whether the path easement should have come up on a search. They indicated that it should have. I explained the situation including the meetings with the city and was asked to write them a letter if the path location remained on our lot. At that point, my husband called Burnet Title and arranged a meeting with them. We provided a video tape and poster size pictures of our front yard. A company executive and local manager were present. During the hour meeting, we were asked several times what they could do to make this right. We were told they needed to do further research and that they would call us within a week. The phone call never came. We received a letter stating that they could not help us and that title insurance may have helped.

Within the past month my husband consulted with another attorney. He stated that we may have a marginal case against the title company, if the easement was not mentioned on the Lendors Policy, and definately against the previous owners which could be difficult to collect.

Two appraisals will need to be done, one with and the other without the path easement to assess the damages.

[HomeGuru]

The title people are full of BS. They are responsible for their errors. Have your attorney sue them and force their errors and omissions insurance to settle.