Real Estate Law
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Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.
Was there a power line at this location when your mother and father purchased the property?
From what I can see there was not at the time of purchase but the Co-op was able to get the right-away from Mr. Carr who owned the property. Also, my father did appear to sign the agreement as well and the only question Ihave is why the agreement was not recorded on the deed, as it has not.
The easement doesn't necessarily have to be mentioned on the deed. Also, it doesn't have to be recorded, although it should be. Unfortunately, if your father signed a right of way deed/agreement, there's not likely there's much he can do about it now.
However, the only thing he could claim is that the intended use for the easement is not what the utility is now trying to do with installing these new electrical devices.
Thanks for your help.
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