Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello. Thank you for contacting me. My name is***** am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.
Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
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.
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.