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Can't locate easement paperwork at recorder's office

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Tammy1234

Junior Member
What is the name of your state?Missouri

We bought our house 1.5 years ago. With the house came an easement. The people we bought our house from gave us a copy of what they thought was the easement. While looking at this easement the other day it said "Agreement to Relocate Easement". I am asuming this is not the original easement. I need to find the original easement. I went to the Recorder of Deed's office and it wasn't in the computer (the relocation easement was). I looked through the "books" and couldn't find anything either. The original owner of our house knows nothing because the easement was originally under the developer's name and I cannot find the developer. The man with the permission to drive through our field to get to his land is of no help (of course).

Any ideas how to find this easement? Is this something the Title Company can help with even though this isn't a title problem?

Thanks!
 


nextwife

Senior Member
Was the easement shown in your Owner's Policy of title Insurance? The recording info should have been in the title report.
 
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Tammy1234

Junior Member
unfortunately we had a fire about 9 months ago in the office of my home. The Title insurance policy was in the office. I put a call into the title company but they didn't call be before closing time.

If the easement was not in the owner's policy, then what? Is it too late to have the title company correct it and find the easement? They implied today they could do a search for it at the recorder's office but there would be a charge for it.
 

Ohiogal

Queen Bee
Tammy1234 said:
unfortunately we had a fire about 9 months ago in the office of my home. The Title insurance policy was in the office. I put a call into the title company but they didn't call be before closing time.

If the easement was not in the owner's policy, then what? Is it too late to have the title company correct it and find the easement? They implied today they could do a search for it at the recorder's office but there would be a charge for it.

If it was recorded the title company should have found it the first time. IF it was recorded. Ask the title company for a company of your policy which should list the easement under exceptions. That should not cost you anything.
If it is not there then you have a choice to make. If it was not recorded then the title company would not be able to find it. If they do find it, then I would argue it was something they missed the first time around and that you shouldn't pay for it. Unless of course it was recorded AFTER you bought the house. (Stranger things have happened.)
But start by getting a copy of the title policy from the title company.
 

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