Undisclosed Right of Way / Pipeline in Back Yard
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.
My questions:
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.:wallbang::wallbang:
Re: LOUISIANA: Undisclosed Rightaway/Pipeline in Back Yard
I am not a lawyer.
I would imagine that if there is a easement, it would be in your deed. If not, then your title may be clouded. You may need to file a claim against the title insurance, the real estate agent, and developer for not disclosing the utility easement. You can not build within the easement, thus losing use and enjoyment of your land.
You need to speak to an attorney.
Re: Undisclosed Right of Way / Pipeline in Back Yard
I can certainly sympathize with you.
I think that you understand that the gas company is not your adversary in this matter.
It seems that they have been there a long time, and they are not the villain in the case.
The easement could be recorded; very likely it is. It was possibly granted by the farmer who owned the land a hundred years or so ago.
At closing, it would be the responsibility of the Title Company to document and record the existence of the easement. That's what we pay them to do. If you paid then to do that, and they failed to find it, you should get an attorney not affiliated with the title insurance company to represent and start the questioning.
Your attorney will know what to do with the developer.
Re: Undisclosed Right of Way / Pipeline in Back Yard
Chances are good that the title attorney was only asked to go back 30 years. Disclosure from agents and prior owner is also something to look at.