Problems with Neighbor's Easement

I just purchased a new home it sit on 3.5 acres. Our new neighbors
came over within days of us moving in not to welcome us or to
say hello. First thing out of his mouth was we have a 20 ft
easement right of way thru the center of out property. When we
called out title company it took days of searching thru cout filed
paper to find this. When she got the paper work some of the
dates are scratched out and new dates put in. We started
putting a fence up to keep out horses in and our neighbor came
by and told us we could not do that because that is going
to block his right-of-way. He informed us his 20 ft easement
starts at our main drive way which about 15ft from our bedroom
window. He informed us that the land behind us is landlocked, but its
not he owns the 12 acres behind our home and the 30 acres beside
us which him and his family live on and go in and out of the property
behind us without coming thru our land. So that cant be land locked.
He drives up and down the county rd and when we are working
outside he will stop and tell us we cant do this or that because
we will be blocking his easment. Is this right. What can we do about this.
We have came home and out barn doors will be wide open someone
had to open this up the wind could not have done this. So we put
up field camera like you would use to track deer and have pics
of them driving thru our driveway while we are at work. Can someone
help little advice needed. Can you get out of easements. Why did out
title company not know about this. And we did find out that our neighbors
have some "friends" that work in the county clerk office.:wallbang:

You need to get an attorney not affiliated in any way with the title company to look in to this for you.

That is why there is title insurance. I the title was clouded with the alleged easement and the title search did not discover it. You need to go back to your real estate attorney and file a claim against the title insurance. Title insurance would have to pay for attorney costs and the cost of buying back the easement from neighbor if an agreement is not reached. After listening to your tories, I do not think either party will agree.

Also former owner may be liable, if they knew about the easement (hard to prove) and failed to disclose it. However, common law states that once a real estate transaction is closed- all bets, agreements, etc are erased.

Any conveyed easement would have to be recorded at the County Courthouse. Scratched out information on a legal document could render it void. If your attorney did not catch the easement during a title search, he may be liable as well.

I would go to a new attorney for a free consultation.