Re: Unrecorded Easement
was the person that sold you the property creating an easement at the time of the sale? If so, you wouldn't find any recorded easements prior to what results from your sale.
Bought a property in 2009 that included a 50ft easement along the Eastern edge of property on the purchase agreement.
what really doesn't make any sense is this:
first, a title is an abstract item. There is no physical title that has any verbiage. There is an abstract of title which is a report documenting the chain of title through the years and encumbrances registered against the title. If the seller of your property created the easement in 2009, there wouldn't be any mention of an easement (at least this one) in the abstract of title you obtained from the title company.
The title company has since removed any easement verbiage from my title, because again, they couldn't find a recorded document for an easement.
There is no mention of an easement on any of my mortgage documents
He is not landlocked, and actually has a 200ft frontage to access his property.
most purchase agreements do not list such things in great detail. They typical include items by reference to other documents.
The purchase agreement only said 50ft.
for fun I would put up a sign that says: Warning; trespassing livestock will be eaten
his livestock is always in my yard because he doesn't have the proper fencing
has the neighbor shown you some document granting him an easement? Depending on several things not known here, the statement of the purchase agreement could be very important. If you agreed to purchase the property encumbered by an easement, then you bought the land encumbered by an easement if there is any documentation supporting the creation of the easement. If somebody comes up with a document created prior to your purchase of the property granting an easement to the neighbor, it is likely that can be enforced. The reason it can be enforced is that you were given notice that there was an easement and the error in the deed failing to include it cannot remove a right the neighbor already had.
did the seller use a warranty deed to transfer the property to you?
What is the sellers saying about all of this?
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.