After Having a Title Search, We Discovered an Easement we were Unaware of, What Can we Do?
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Summary
The easement in question was recorded in 1983. This is all news to us. We never were asked or notified. We bought property in 1977 and title search at that time showed no easements. |
“We just had a title search done in the process of applying for an equity loan. The search shows an easement against the property, granted to a private lumber company by the state forestry. How can the CDF grant an easement to our private road to anybody, let alone a private business? The easement in question was recorded in 1983. This is all news to us. We never were asked or notified. We bought property in 1977 and title search at that time showed no easements.”
I’m not aware of any special legal rights that the CDF has to do that sort of thing, unless they had some rights to your property prior to the time you purchased it. This is a question that requires some factual research, and the quickest way might be to call the CDF directly and ask. There may be a valid reason that they have the authority to do this, but if not you want to get this easement removed as soon as possible.
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For more on this subject check out these categories: Easements, Property
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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
