WOW! Great story with the power lines running through your property. The whole deed, and easement process is like the wild wild west, anyone can go get a deed, sign in, notarize it and file it with the clerk's office.
sometimes there are no Easements or right of way, its just old electricity and beware that the owner is 100% liable for that ownership. however when there is a new electrical connection it is no longer old, it now becomes new electric and at that time there will most likely be a easement or right of way added to the land tittle upon that electrical connection in accordance with the standard rules and regulations governing such work. what a timely video, good job.
I just wanted to note that I am a former RE paralegal & I really wish some attys would take the time to explain a title exam to their clients; I’d say around 89% of buyers don’t even care to know what a title search is, or what it entails etc; most times they don’t understand how important it is and I don’t think it’s fair that these clients are charged a legal fee and are expected to just “do their homework” 😕 Note to self: When you are considering using a Real Estate Attorney, make sure they are able to comprehensively explain the importance of title in depth. Make sure those attorney fees are worth your while! 💵💰
I'm with you! If you ever need a good reference guide on all of this title search stuff, you might want to bookmark this blog post and share it with anyone who needs to learn more: retipster.com/how-to-do-your-own-title-search/
Well, look at this this way - had you built something in that easement and then had to move it, you would have had a claim against your title insurance policy due to your financial loss.
Great presentation! Never mind that the title company missed the easement which was spelled out in Liber 92 Page 5- my only question is, How on earth would the title company know how to find these documents to begin with? Surely they aren't just thumbing through every page of every Liber looking for your property address to appear, are they?🤔
Because they have access to the county's data through software like DataTree. This video shows a bit about how it works: ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-GfyX48eCbRY.html
The title company is supposed to catch this, yes... but sometimes they don't, unfortunately. Mine was a case where they completely missed it. Luckily, it didn't cause any real problems.
@@Retipster Well, I just got a home, but there is no fence between one of the neighboors from back yard and the neighbor just told me that property between the two houses is easement because there is a post in the back of property and needs to be reachable for electric company in case they need to reach that post all the way in the back. That part of that supposedly easement property is mostly on my side. I got children and need a fence or something ASAP!! What do you advice? I was never told about this or was disclosed any info regarding that. Should I go to the city? Can they work something out for me? Maybe some kind of remobable fence. I need to have something for my childrens safety on my property premises.
Good question. It depends on what the easement says. In my case, it would probably be fine as long as it doesn’t prohibit the utility company from getting access to the poles when needed.
It depends on what the easement says. I had a neighbor park his pickup truck in my driveway without permission- he was deer hunting on his property adjacent to mine and their is an easement in place. I left a note on his truck asking him to please move it as I had large delivery trucks coming in and needed to have the driveway clear. The next day he knocked on my door with humble hat in hand asking if it would be ok for him to park his truck there again for the day. I told him no, and after discovering that his tree stand was placed directly on my/our property line, I also told him I had concerns about him shooting a deer and it running on to my property. He assured me a deer wouldn't, but I knew better because he was using a bow and arrow and I didn't want a wounded deer falling dead on my lawn during a barbeque or something, so I said if it happens, call me and I'll help you track the deer. Long story short- he didn't argue when I told him I wanted the driveway kept clear, even though he had an easement to "make use" of my driveway to enter his property. However, "make use" doesn't mean he can just park on my property anytime he wants. "Make use" means he can use my driveway to access his property only- that means he and his vehicle need to keep moving if he wants to "make use" of my property. Otherwise he's prohibiting me from making proper use of mine. Hope this helps.
