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MIAMILAW1127
MIAMILAW1127, Lawyer
Category: Real Estate Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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My property survey does not show any utility easement on my

Customer Question

My property survey does not show any utility easement on my front lawn. However, USIC (call before you dig) has flagged and spray painted what they identified as a Century Link cable. The survey shows an easement between my property and the neighbor's and another along the back yard wall, but not one along the front lawn on the house side of the sidewalk. Now, Century Link is here to dig up my sod that I just paid $3000.00 for in order to comply with a demand from my homeowner's assoc.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  MIAMILAW1127 replied 1 year ago.

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Expert:  MIAMILAW1127 replied 1 year ago.

So this scenario can be a bit tricky.

The survey you have of the property won't always show all the easements. If you really want to find out all of the easements that relate to a property, you need to run a title search or look at the previous title policy to see if there is an easement in existence for Century Link to run the cable through. Changes are that there will be an easement.

If there is an easement, I'm sorry to say this, but you are out of luck. You have to eat the cost of redoing the SOD. I know that's not what you wanted to hear, but in a situation like this your rights are pretty limited (unfortunately). Double check to make sure there is an easement in your previous title policy or, if not, run a title search to verify.

Customer: replied 1 year ago.
I just reviewed the Title Policy from when I purchased the property in 1998. I do not see any easements listed other than the back of the property and side; none in the front. The funny thing is, they have now dug up several neighbors' yards on either side of mine and across the street, but have skipped mine. If I am to pursue this, I assume I would have to submit a claim against the Title Policy. However, from what I am seeing in online forums, it sounds like I'll loose even if I'm right.
Expert:  MIAMILAW1127 replied 1 year ago.

Unfortunately, this is the type of situation where the cost may outweigh the benefit you may potentially receive.

You would need to run a title search first to see if the easement is recorded. If it was and the title company missed it, then you would have to file a claim against the title policy. This can be a long, drawn-out process that ultimately may cost you more than what you would receive. Your best bet would be to find an attorney who handles these matters on a contingency fee.