Hi - my name is XXXXX XXXXX I'm a litigation attorney.
Where can I find my ansewr
I cannot find my answer
Roger : Sorry - there was a glitch in the chat function. Maybe it's fixed.
Roger : One question - is the easement recorded?
When I went to town hall to get a permit to get the fence, that is when I found out about the easement. No one ever told me about it
Roger : If the easement is recorded or in the public records/land records, it doesn't have to be specifically told to you because it's been published.
Shouldn't that be mentioned in full disclosure
Roger : Disclosures generally only require things that you can't find out on your own or through your own research.
So I do not need to mention it when I sell the house.
Even though it floods when it rains
Roger : You wouldn't have to if it is public record.
What about the flooding
Roger : When you sell the house, your deed would say that the sale is subject to any recorded easements, and it's up to the buyer to check to see what those are.
Roger : If it wasn't recorded, there should be a duty.
Should my title company have found this
Roger : Yes.
Can I hold them responsible
They said nothing
and what can I do
Roger : Your title company should have had an attorney perform a title search, and that search should have indicated any easements, etc. If it didn't you may have a claim against it.
I can send you an email as to their reply when I questioned them
Roger : You may have a claim that the failure for it to disclose this to you was a misrepresentation, and that the easement makes your property worth less (an appraiser would have to tell you that is the case), and you could try to sue for the difference in value.
Are we done here
Roger : Also, if it is flooding your property, you could file a action against the neighbor for a private nuisance and ask the court to require work to be performed on the area to prevent this, etc.
Roger : The best thing you could do is have an attorney look into the documentation provided, and help you determine who to sue and for what.
Roger : However, if your title company failed to disclose the existence of the easement to you, then there's likely a cause of action there.
They never told me. And I don't want to sue my neighbor, he is a nice guy and was also unaware
Roger : I understand that.
Is there anything else I should know. Do you know a good lawyer in my area, Macungie PA
I can't afford alot of money right now
Roger : You can discuss with a local attorney the prospects of suing the title co. and possibly the seller (but that's likely a long shot as you'd have to prove that there was no way you could have discovered the easement yourself - - which is where the title co. would come in).
Roger : As for an attorney, we're not allowed to make direct referrals, BUT I can direct you to www.martindale.com and search for an attorney in your area.
any idea what it would cost me
Roger : Unfortunately, no - - not specifically. It would just depend on what an attorney asked of you and then how much of a fight the other party wants to put up.
ok thanks anything else I should know
Roger : Not that I can think of at the moment......the best thing is to consult a local attorney so you can decide whether or not you want to pursue this further.
thanks, XXXXX XXXXX give you an excellent rating
Roger : Great! Thank you very much for allowing me to assist, and if you need anything further, please let me know.
Roger : Sure.