Easements

[Jstpssng]

I debated posting this in FP but opted to do it here instead. Easements, right of ways, and adverse possession all are topics which come up from time to town. 20 years after purchasing her house, this woman found out that there was an old brick and mortar septic pipe running through her property. The easement was recorded back in 1880, but wasn't mentioned in her deed.

Discovery of old sewer has become a nightmare for Bangor woman

She is worried about not just her property value and family’s health, but who will be responsible when one of the sewer lines fails.

www.bangordailynews.com

I believe that you can read the article if you want, the Bangor Daily allows two free articles per month.

 

[Omega Woods]

I'd be going to the title company who issued the buyer's policy when it was sold.

 

[Jstpssng]

I'd be going to the title company who issued the buyer's policy when it was sold.

Apparently they only protect the lender, unless you get your own policy.

 

[notaz3]

Always get title insurance when buying property. cheap insurance that can save hassle in the long run.

We had an issue with a property, where the original owner did not state in paperwork or escrow that we had water rights to his well and that we were responsible for maintaining the access road to our property (that they used to get to their adjacent lot).
When it came time for him to sell the adjacent lot they noticed the mistake and tried to get us to redact paperwork. They wanted us to sign paperwork forfeiting rights to their well (that we never have or will use) and that we will maintain the access road though our property.
I told him to "Nope. My title/dead will stay exactly how it was summited to the county".
When he tried to fight it, it ended up costing him a buyer (because escrow took to long) and he had to cut a new access road in completely on his property.
We did eventually sign a simple paper that stated "We do not want/need rights to the water well located on _-_-_ property".

Another one of our properties carries a utility right-of-way for city/county access that has never been used; however, if they suddenly decide to put in utilities there isn't anything I can say about it.

 

[Omega Woods]

Apparently they only protect the lender, unless you get your own policy.

Yes, there are two types of title insurance. One for the lender and one for the buyer. Any buyer that doesn't pay for title insurance is a fool, in my opinion. There are too many horror stories (like the one you posted) from ancient claims wreaking havoc on one's most valuable possession. Very cheap protection in my experience.

What Is Title Insurance And Do I Need It?

When you take out a mortgage, one part of your closing costs will be title insurance. The premium is a one-time charge, and the policy protects the lender. You also can purchase owner’s title insurance to protect yourself, but it’s not required. Here’s what you need to know about what title insur

www.forbes.com

For anyone reading this thread and considering buying a piece of property, I strongly urge you to get title insurance for yourself each and every time you buy property.

 

[two_bit_score]

Apparently they only protect the lender, unless you get your own policy.

I’ve always followed that rule but with all the exclusions they have now I’m not sure title insurance is worth a cup of warm spit.

 

[Torvy]

I've always felt that easements held by companies, should be required to come with lease payments to the current owner of the property. Easements should also be required to have fixed dimensions. Here in Texas, they are usually effectively undefined.

Similarly, I think all property rights should be required to confer with the property. It is bizarre to me that they allow separation of water or mineral rights from the surface rights. It causes confusion and heartache when a mineral rights owner decides to exercise those rights on land they don't own.

 

[ponytug]

I've always felt that easements held by companies, should be required to come with lease payments to the current owner of the property. Easements should also be required to have fixed dimensions. Here in Texas, they are usually effectively undefined.

Similarly, I think all property rights should be required to confer with the property. It is bizarre to me that they allow separation of water or mineral rights from the surface rights. It causes confusion and heartache when a mineral rights owner decides to exercise those rights on land they don't own.

Well, there are some easements like that, and obviously they aren't the first choice of the folks wanting the easement. A friend got unlimited water (through a 1.5" pipe) for a water pipeline easement (a big deal here in California) through his property, and we nearly bought a property that had a per pole power line easement/lease (IIRC, something $1.5/pole/yr, not much, but not zero either). I enjoy reading the old titles; they often embed so much local history, and color.

I have walked away from a couple of property deals that turned out to have missing mineral rights. As you say, it can cause real heartache to the property owners if the mineral rights get exercised. I did not want to be that owner.

YMMV...

All the best,

Peter

 

[dodge man]

I read the story. I don’t feel sorry for her. What do people think happens when they turn the water on or flush the toilet? Her situation isn’t unique.

 

[ddbackhoe]

Always get title insurance when buying property. cheap insurance that can save hassle in the long run.

Title insurance is a protection for the settlement attorney. It is their responsibility to find these errors.