Easements

[etpm]

Keep in mind that these utility easements (highline wires Not local service Lines) restrict the use of property to some extent and you still pay taxes on that property, unless you were able to negotiate a payment to cover the taxes of the encumbered property.

In my case since the wires were already there and if I wanted the property I would need to accept wires and poles. They have not been any kind of hindrance except that they are ugly. So I tend to ignore them. I do have trails that go under the lines but I'm not looking up when I walk. The lines are for the local power and my trees have broken them a couple times, well, 4 or 5 times. Not my fault though. And I have called the utility more than once to have trees removed. PSE is usually pretty good about taking down trees I think threaten the wires. We only argued about 1. They left it and it broke about 8 months later, taking out the wires as it went down. I called about power outage and told the repair crew when they arrived that I had tried to get the tree removed months before. They told me they had heard that story more than once. No doubt.
Eric

 

[two_bit_score]

In my case since the wires were already there and if I wanted the property I would need to accept wires and poles. They have not been any kind of hindrance except that they are ugly. So I tend to ignore them. I do have trails that go under the lines but I'm not looking up when I walk. The lines are for the local power and my trees have broken them a couple times, well, 4 or 5 times. Not my fault though. And I have called the utility more than once to have trees removed. PSE is usually pretty good about taking down trees I think threaten the wires. We only argued about 1. They left it and it broke about 8 months later, taking out the wires as it went down. I called about power outage and told the repair crew when they arrived that I had tried to get the tree removed months before. They told me they had heard that story more than once. No doubt.
Eric

I think you are referencing local service lines that bring power to adjacent houses.

Im referring to transmission hi-lines.

 

[etpm]

I think you are referencing local service lines that bring power to adjacent houses.

Im referring to transmission hi-lines.

I am. And said so in my post. "The lines are for the local power and my trees have broken them a couple times, well, 4 or 5 times."

 

[tshep]

I have wondered....
If title insurance covers me, for instance, for forever for faults at purchase; and I sell 2 weeks later for instance, should I get a massive refund because their exposure was limited from infinity back to the the 2 week point?

 

[two_bit_score]

I have wondered....
If title insurance covers me, for instance, for forever for faults at purchase; and I sell 2 weeks later for instance, should I get a massive refund because their exposure was limited from infinity back to the the 2 week point?

I wish that was true. It doesn’t work like that.

 

[tshep]

I wish that was true. It doesn’t work like that.

OK, then does it stack?
Say, remain in force, back to here pays last 20 years value change, back from there pays x years, back from there pays back to x, etc.?

 

[Jstpssng]

I think you are referencing local service lines that bring power to adjacent houses.

Im referring to transmission hi-lines.

The easement I signed 20+ years ago to get power to my house still makes me cringe... it merely gives them permission to "Construct, erect, rebuild,, (sic) operate, maintain, and remove electrical distribution lines lines...
It's rather vague and they could arguably use it to put a high tension line across my property with no further consideration. After losing a little sleep I gritted my teeth, rationalizing that everybody else who had power from them apparently had signed the same easement; there would really be no reason for them to do so; and, most importantly... I wanted power to my house.

 

[two_bit_score]

OK, then does it stack?
Say, remain in force, back to here pays last 20 years value change, back from there pays x years, back from there pays back to x, etc.?

I'm not giving legal advice but generally the title insurance contract is between the Title insurance company and the person who is buying the subject property for the ownership term of that one buyer.

I've always bought it and I've always hated to pay the premium. I have never collected a cent and that is probably good. I recently purchased a commercial lot where there was a deed discrepancy on one side line. The adjacent property owner who purchased his parcel about a year previous but didn't get a survey would have benefited with about 3 extra feet on one corner due to wording in one deed but the surveyor was able to straighten it all out with a quit claim deed from him to me which I paid $10 to the neighbor for. I felt like I was the one actually protecting the title company but they were only going to issue a title commitment to me without a reservation if the matter was resolved. I did benefit from the relationship built up with the surveyor over the last 35 years.

I doubt that actually answers your question but it's the best I can tell you. My opinion and it's worth what it cost you.

 

[Streetcar]

We are in a situation where the county is about to do eminent domain. It's been a battle for about 6 years and so far we are winning.

They want to put a bike trail in through the southern edge of our property. This bike trail is about 40 miles long. All the land is guaranteed for their use except our little 1 mile section. I'll sell the 100 acres before a bike trail goes through. I'm already sick of trespassers , I don't want a paved road to bring more in

in Ohio, a win in eminent domain is getting the price you want. You can’t stop an approved public improvement.
When bike trail went in by me there were initial protest, now neighbors love it

 

[paulsharvey]

in Ohio, a win in eminent domain is getting the price you want. You can’t stop an approved public improvement.
When bike trail went in by me there were initial protest, now neighbors love it

We are in a situation where the county is about to do eminent domain. It's been a battle for about 6 years and so far we are winning.

They want to put a bike trail in through the southern edge of our property. This bike trail is about 40 miles long. All the land is guaranteed for there use except our little 1 mile section. I'll sell the 100 acres before a bike trail goes through. I'm already sick of trespassers , I don't want a paved road to bring more in

Eminent domain isn't as simple as government Wants it, they take it. They have to prove they Need it, and there isn't a reasonable alternative. Now, not legal advice, but the government normally pays Way above market value if you argue some; but if it comes down to judges 'order of taking' they will only pay the much lower tax assessed value.

You can also make arguments about say: you keep 50 ft of property between road ROW and trail ROW, and argue that that remainder is unmarkatable and they may be forced to buy that as well.

In the end, just be careful how far you take everything, get a lawyer, but they Can take it.

 

[dodge man]

My take on title insurance is that they are telling you who owns the property. Often that is an individual and a bank that holds a mortgage. You can go record a deed selling property you don’t own. The recorders office doesn’t “check” to see if you even own it to sell it.

There is a type of survey called an ALTA survey. It’s usually only done for commercial property. It has a very detailed set of instructions on how to perform them and one of them is to visually look for potential easements.

 

[Torvy]

Eminent domain isn't as simple as government Wants it, they take it. They have to prove they Need it, and there isn't a reasonable alternative. Now, not legal advice, but the government normally pays Way above market value if you argue some; but if it comes down to judges 'order of taking' they will only pay the much lower tax assessed value.

You can also make arguments about say: you keep 50 ft of property between road ROW and trail ROW, and argue that that remainder is unmarkatable and they may be forced to buy that as well.

In the end, just be careful how far you take everything, get a lawyer, but they Can take it.

Important to remember that these are usually state issues and will vary considerably by state.

 

[paulsharvey]

Important to remember that these are usually state issues and will vary considerably by state.

Very true. I get the frustration, but I often deal with people who don't even know where their property line ends. "I own to the center of the road" or "my granddad planted that oak tree at the property corner" and it's really 25 ft off. They don't want to accept that maybe grandpa was full of crap.

Another frequent problem, "the power poles are the back of the ROW"; maybe, maybe not. They might be 10 ft onto ROW or might be behind in an easement (either recorded or unrecorded).

 

[paulsharvey]

I should also add, a huge percentage of utility work is not surveyed when installed. Yes, they have plans, but they don't typically stake out the running line except for larger water/sewer/gas. Services, telecom, ect, is generally paced off from the EOP or other feature, but not surveyed.

 

[Streetcar]

Eminent domain isn't as simple as government Wants it, they take it. They have to prove they Need it, and there isn't a reasonable alternative. Now, not legal advice, but the government normally pays Way above market value if you argue some; but if it comes down to judges 'order of taking' they will only pay the much lower tax assessed value.

You can also make arguments about say: you keep 50 ft of property between road ROW and trail ROW, and argue that that remainder is unmarkatable and they may be forced to buy that as well.

In the end, just be careful how far you take everything, get a lawyer, but they Can take it.

In Ohio For approved project , the government can take your property. They will pay as minimum fair market value.
there are not many alternatives if the bike route is already approved.
it is very rare to split property through eminent domain except if owner wants the remainder

 

[Dftodd]

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.

There's a 40ft public utilities easement along the road on my property.

It's no big deal. Worked out good since fiber is on a pedestal at the corner of our property, as well as a water main and fire hydrant.

Won't have to worry about power. That's across the road on poles.

 

[Dftodd]

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.

Title insurance is mandatory in my area.

 

[Dftodd]

So... a guy purchased the 4 acre lot directly behind my 6 acres.

Seller didn't disclose the fact that the property was actually landlocked and that the private drive belonged to homeowner next door to that property.

Guy didn't realize that it was landlocked and that he would have to negotiate an easement before purchasing the land.

He found out when he introduced himself to the people who own the private drive

I'm sure there were a few words between the buyer, his realtor, and the sellers for that property.

Haven't heard what the outcome will be.

 

[dodge man]

Normally title insurance isn’t required by anybody but a lending institution. If you are a cash buyer you shouldn’t have to get it. That said I’ve done a lot of courthouse research over the years and even if I was a cash buyer I’d still get title insurance.

 

[dodge man]

There is a very strong legal precedent that property is never landlocked. If something like that ends up in court it will end up with access to it. The problem the way in a judge gives it might not be very good. Normally access is given to a landlocked property how ever people have gotten to it in the past, which may not be fair to an adjoining land owner.