We purchased a house in Dec. and planned to install a fence. Utility company marked the lines and we were told, by the gas company, we could not install a fence on the back 25 feet of our yard due to an easement and buried gas line. This was established before the neighborhood was built.
My problem is that this was not disclosed in closing by anyone and the developer stated he had an agreement with the gas company that would allow a fence to built over the easement, which is a lie, as verified by the gas company. They actually tried to warn residents when the neighborhood was being developed, but the developer would not disclose any information to them. The gas company actually provided me with copies of their letters to him.
Does an easement need to be disclosed during closing?
Who is responsible for catching this? Real estate agency who sold us the house, lawfirm who closed the sale, title company, etc.?
What is my next step?
In addition, should we put a fence over the easement, which takes up the back 25 feet of our backyard (which is over half the size of the yard), the gas company can come in at any time, tear the fence down that is over the easement, and actually charge us for doing so. This restricts me from putting a pool, shed, swingset, etc.