Posted by Scott (ATL) on May 28, 2008 at 21:19:14:
Thanks! I’ll give that a try…
Previous owner built on Easement…any recourse? - Posted by Scott (ATL)
Posted by Scott (ATL) on May 27, 2008 at 05:47:03:
I’ve had a property for over 9 years and when purchased never noticed that a rail road tie wall in the front side of the yard was built in a sewer 10’ easement.
I made the mistake of trying to get the county and city to cut down a tree that I thought was in their easement and encroaching on my house. As it turns out the tree is in the neighbors property and the city said a manhole is covered by the railroad tie wall.
Of course, now they want to tear down the wall but it is a major feature of the yard.
If I let them tear it down I guess they have no recourse to charge me? Since it was the previous owner that built the wall do I have an recourse to get them to pay for moving it? I know it would be tough finding them but I really don’t want to pay for this as it will cost thousands as it is a 9’ high backfilled wall.
Any suggestions on how to approach this? I’m tempted to let the county tear it down then rebuild afterward as it might be cheaper but I don’t want the county sticking me with a bill.
Thanks,
Scott
Re: Previous owner built on Easement - Posted by Natalie-VA
Posted by Natalie-VA on May 28, 2008 at 19:46:26:
Scott,
You should check with your settlement agent to see if this was disclosed on a survey and if your title insurance might cover the expense.
–Natalie
For a Utility easement, you have no choice - Posted by Rich-CA
Posted by Rich-CA on May 27, 2008 at 22:34:51:
and if you do not uncover access to their manhole, they will do it for you and you have no recourse. You may even have to pay for the work they do as when you purchased the property, you purchased they “problem”.