My question involves real estate located in the State of: Indiana
Hello, we were reviewing our plat and it appears there is a drainage and utility easement on our property however neither are listed on the deed. Can we do what we want with the land?
My question involves real estate located in the State of: Indiana
Hello, we were reviewing our plat and it appears there is a drainage and utility easement on our property however neither are listed on the deed. Can we do what we want with the land?
More than likely, no.
In general, if a plat is recorded in conjunction with the deed, then anything on that plat is considered to be a part of the record as if it were on the deed itself.
You can do whatever you want with the land as long as what you do does not not interfere with the drainage and utility rights of the easement holder(s). As the previous posters have pointed out, valid easement rights most likely exist.Can we do what we want with the land?
Shouldn't the title company have informed us of this in thier search?
In most cases, the title policy is paid for by you, but does not insure you. It insures the lender. If so, the title company might not feel any responsibility to respond to your inquiry, as you are not the insured.Shouldn't the title company have informed us of this in their search?
And today, most title policies and searches only go back forty years or so. That means that if the plat of your subdivision was created prior to 1972, liability will most likely be excepted.
and do you have the actual policy with all exclusions or if you have anything, is it more than an initial report?