Hidden easement

[tim7857]

I live in Tennessee. In 2013 I purchased 2 acres of land and had a home built on it. My warranty deed states the the property is free from any encumberaances. Last September I fly d out that the seller had granted himself an easement across my property for a driveway. He had done this within hours of having my warranty deed drawn up. Never did he ever mention an permanent easement on my property. Like I said it wasn't on my warranty deed either. This seems like criminal activity. Surely this cannot be legal. Can I beat this in court by filing breach of warranty deed suit?

 

[LdiJ]

I live in Tennessee. In 2013 I purchased 2 acres of land and had a home built on it. My warranty deed states the the property is free from any encumberaances. Last September I fly d out that the seller had granted himself an easement across my property for a driveway. He had done this within hours of having my warranty deed drawn up. Never did he ever mention an permanent easement on my property. Like I said it wasn't on my warranty deed either. This seems like criminal activity. Surely this cannot be legal. Can I beat this in court by filing breach of warranty deed suit?

I would definitely speak to a local real estate attorney.

 

[tim7857]

Thank you.

I fully intend to. Would a criminal lawyer be as proficient as a real estate lawyer in this case?

 

[Zigner]

I fully intend to. Would a criminal lawyer be as proficient as a real estate lawyer in this case?

Would you ask your podiatrist to perform brain surgery?

 

[HRZ]

Like the man says ...use the rIght expert ...a real estate lawyer with litigation practice....

PS think thru suing him for costs to clean up the very deed he warranted to be free of encumberances if he refuses to fix it ..which I doubt he will...my guess is a clown like that won't back down until you show up with the biggest legal Warrior in town

THere may be some recording sequence issues but leave that to counsel ...just to save scavanger hunt costs I'd have copies of all deeds and easements as well as time logs of recording

 

[justalayman]

The easement should be void. You cannot grant yourself an easement across property you own. That means he would have had to reserve the easement within the deed itself. The timing mandates it.

 

[tim7857]

Thank you.

I appreciate the advice. Getting in touch with a real estate attorney hopefully tomorrow. May God bless yall.