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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 114783
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I purchased some property in northern Jefferson county near

Customer Question

i purchased some property in northern Jefferson county near Eureka Mo with a 400 foot easement. after having the easement surveyed i found after 390 feet there is a 40 ft drop off straight down. i can not get to the property. what are my options?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Is there some other way to get to your property? In other words, is there some deviation from the easement that would allow you access to the property?
Was this disclosed to you when you bought the property?
How long ago did you purchase the property? You purchased the property without examining it?
Customer: replied 1 year ago.
no, there is no other way in. actually the real estate agent showed me a completely different piece of property located to the south of the true tract of land claiming it was the land i was buying. i only found this out after i paid for the land and the survey.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You have grounds to sue the agent for fraud as well as the seller for fraud and misrepresentation. They cannot show you one piece of land and sell you another. This could also be a violation of the state unfair and deceptive practices law as well, which would entitle you to claim up to triple damages plus attorney's fees.
In addition it could be deemed theft by fraud so you can report this to the local DA for investigation.
I would strongly suggest you get an attorney involved immediately to sue the agent/seller and also to help you filing your criminal complaint against the agent/seller and also to file a complaint with the state real estate board against the agent's license.
If they committed this misrepresentation, it is a basis for you to recover your money and cancel this sale.

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