After Having a Title Search, We Discovered an Easement we were Unaware of, What Can we Do?

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“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.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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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Author: House Attorney

A house attorney has answered this question.

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