Easements

[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.