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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36980
Experience:  Texas Attorney for 30 years dealing in real estate
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I am hoping that you can assist with a legal question. My husband

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I am hoping that you can assist with a legal question. My husband and I signed an agreement for an property easement to allow the installation of a water line across part of our property. I just received a letter from the city indicating that they have not received consent from our bank for the easement. In the letter the city stated they will bring a lawsuit against our bank to condemn its interest in the easement. They said that we will be named as a party to the lawsuit once it is filed.

Here is my question. What is the impact, if any, to our property ownership if the city is successful in condeming the bank's interest in the easement?

RayAnswers :

Thanks for your question and good afternoon.My sympathy here for your dilemma.

RayAnswers :

The city here if they are successful would just be awarded an easement.They are required to serve you as property owner as well as the bank involved.

RayAnswers :

The city may seek lawyer fees from the bank here.It is very likely this gets resolved along the way as the city has the right here to seek such an easement.Since you have already consented you have done all you can do.You are a nominal party but otherwise it should have no effect on you here.

RayAnswers :

The city and the bank likely resolve this at some point.If they have to file a suit the bank likely would settle here because the city will prevail.

RayAnswers :

I do not see that there will be any impact to you from such a lawsuit other than the city gets their easement and they will likely have to inconvenience you while they are installing it.Otherwise the city has the beef with the bank and is only notifying you because you are the owner and a party here and they are legally required to do so.

RayAnswers :

The city likely has likely has eminent domain which leans they have the legal right to bring such a suit and be awarded the easement.

RayAnswers :

Reference

RayAnswers :

Other than the inconvenience of construction I do not see that this would have any other impact on you.

RayAnswers :

It has been my pleasure to assist you today.Please let me know if you have more follow up.Thanks again.

RayAnswers :

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.This communication does not establish an attorney client relationship here.Information provided is not legal advice. Rather it is simply general information.

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