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What If An Easement Is Not On the Title Report?

Dear Monica:  I just found out that there is an easement on my property that was not on the title report I received and approved.  What recourse do I have?  Charles C.

 

Dear Charles: If you bought title insurance, an unlisted easement is covered by your policy.  There are several reasons why an easement was not on the title report when you bought the house.    Easements are usually recorded at the time of creation, but there could have been clerical errors or the title search was done before the easement was recorded. 

Easements are a common source of title disputes and claims. Most easements are permanently tied to a property, so each new homeowner may be subject to an existing easement, whether they know about it or not. It’s best to always buy title insurance to protect from a host of issues including unlisted easements.

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