How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Type Your Real Estate Law Question Here...
Roger is online now
A new question is answered every 9 seconds

I bought my home last December. It was new construction. I

This answer was rated:

I bought my home last December. It was new construction. I found out in May that I have an easement going through the middle of my backyard allowing my neighbors lawn to drain excess water through mine and is supposed to go into the stream in the back. My question is this. It was never mentioned in the "full disclosure" or anywhere in the contracts. Does this lower the value of my home when I go to sell it and what recourse do I have?

Roger :

Hi - my name is XXXXX XXXXX I'm a litigation attorney.


Hi Roger


Where can I find my ansewr


I cannot find my answer


Is anyone ther

Roger : Sorry - there was a glitch in the chat function. Maybe it's fixed.
Roger : One question - is the easement recorded?

When I went to town hall to get a permit to get the fence, that is when I found out about the easement. No one ever told me about it

Roger : If the easement is recorded or in the public records/land records, it doesn't have to be specifically told to you because it's been published.

Shouldn't that be mentioned in full disclosure

Roger : Disclosures generally only require things that you can't find out on your own or through your own research.

So I do not need to mention it when I sell the house.


Even though it floods when it rains

Roger : You wouldn't have to if it is public record.

ok thanks


What about the flooding

Roger : When you sell the house, your deed would say that the sale is subject to any recorded easements, and it's up to the buyer to check to see what those are.
Roger : If it wasn't recorded, there should be a duty.

gotcha thanks


Should my title company have found this

Roger : Yes.

Can I hold them responsible


They said nothing


and what can I do

Roger : Your title company should have had an attorney perform a title search, and that search should have indicated any easements, etc. If it didn't you may have a claim against it.

I can send you an email as to their reply when I questioned them

Roger : You may have a claim that the failure for it to disclose this to you was a misrepresentation, and that the easement makes your property worth less (an appraiser would have to tell you that is the case), and you could try to sue for the difference in value.

Are we done here

Roger : Also, if it is flooding your property, you could file a action against the neighbor for a private nuisance and ask the court to require work to be performed on the area to prevent this, etc.
Roger : The best thing you could do is have an attorney look into the documentation provided, and help you determine who to sue and for what.
Roger : However, if your title company failed to disclose the existence of the easement to you, then there's likely a cause of action there.

They never told me. And I don't want to sue my neighbor, he is a nice guy and was also unaware

Roger : I understand that.

Is there anything else I should know. Do you know a good lawyer in my area, Macungie PA


I can't afford alot of money right now

Roger : You can discuss with a local attorney the prospects of suing the title co. and possibly the seller (but that's likely a long shot as you'd have to prove that there was no way you could have discovered the easement yourself - - which is where the title co. would come in).
Roger : As for an attorney, we're not allowed to make direct referrals, BUT I can direct you to and search for an attorney in your area.

any idea what it would cost me

Roger : Unfortunately, no - - not specifically. It would just depend on what an attorney asked of you and then how much of a fight the other party wants to put up.

ok thanks anything else I should know

Roger : Not that I can think of at the moment......the best thing is to consult a local attorney so you can decide whether or not you want to pursue this further.

thanks, XXXXX XXXXX give you an excellent rating

Roger : Great! Thank you very much for allowing me to assist, and if you need anything further, please let me know.

will do thank

Roger : Sure.
Roger and 2 other Real Estate Law Specialists are ready to help you

Related Real Estate Law Questions