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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I have an unrecorded storm water easement through my

Customer Question

I have an unrecorded storm water easement through my property, the storm water easement was necessary for a subdivision final map approval. The developer had another storm water option with the transportation department . My question is do I have the right to denai him the use of my property for his storm water easement because the easement was not recorded with the county. The developer is also a licensed real estate broker, I borrowed money against my house to buy this lot out of foreclosure and cant afford to carry the lot payments on my social security income. I shouldn't have borrowed the money on my house obviously !
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Loren replied 12 months ago.

Where is the easement listed if not recorded and not part of your purchase?

Customer: replied 12 months ago.
The 5th addition subdivision approval was contingent on the storm water approval through lot C-54 , a catch basin and pipe were surveyed and installed on the lot plus the boring of the state highway 10 with a 24" drainage pipe. The developer stated that he owned all the land from the development to the storm water discharge end of the culvert, when in fact he crossed an adjoining parcel with out recording a storm water easement on either parcel . Their was a topographical map and complete survey done showing the culvert leaving lot #54 and crossing the neighboring property and then crossing state highway 10.
Expert:  Loren replied 12 months ago.

Is it shown on the recorded plat of sub?