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  1. #1
    Join Date
    Jun 2012
    Posts
    2

    Default Easement Shown on Plat but Not Listed on Deed

    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?

  2. #2
    Join Date
    Aug 2010
    Location
    Maine
    Posts
    206

    Default Re: Easement Shown on Plat but Not Listed on Deed

    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.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Easement Shown on Plat but Not Listed on Deed

    Quote Quoting kab1102
    View Post
    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?
    not if there is an easement. Easements are not always spelled out in deeds. Often times all you get is something such as : and subject to all encumbrances, liens, and encroachments of public record.

    the plat is "of public record"

  4. #4
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Easement Shown on Plat but Not Listed on Deed

    Can we do what we want with the land?
    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.

  5. #5
    Join Date
    Jun 2012
    Posts
    2

    Default Re: Easement Shown on Plat but Not Listed on Deed

    Shouldn't the title company have informed us of this in thier search?

  6. #6
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Easement Shown on Plat but Not Listed on Deed

    Shouldn't the title company have informed us of this in their 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.

    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.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Easement Shown on Plat but Not Listed on Deed

    and do you have the actual policy with all exclusions or if you have anything, is it more than an initial report?

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