What are my rights when it comes to an undisclosed easementand right of way of on our property?

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What are my rights when it comes to an undisclosed easementand right of way of on our property?

We would like to build a garage on our property. We were denied a building permit because of an easement that a large corporation it has on our property. Nothing was ever disclosed; nothing is on file anywhere in the county. There are many other homes, garages, etc. on what they are saying is their easement. We are not asking for anything that hasn’t already been done. The company says they have to right to around 50% of our property. Can they just take our property from us? Should we speak to a real estate attorney? In Richland County, IL. 

Asked on July 21, 2011 Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If nothing is on file (recorded) about the claimed easement over your property, how can your desired buiding permit be denied because of an easement that a large corporation has on your property unless there is something in writing saying there is such an easement?

If you have a title insurance policy that you obtained as part of the purchase of the proerty, read it and the preliminary report issued before the policy was issued. The two documents should list the easement that you are asking about. If the title insurance policy does not designate the easement that presumably is recorded, you need to go to the recorder's office and pull the chain of title on your property to get a copy of the easement. If there is a recorded easement on your property, you need to meet with a person with the title isurance company about a claim under the title insurance policy if the easement is not mentioned on the title insurance policy you bought.

The company claiming the easement cannot take your property. Depending upon the terms of the easement, the company that may own the easement may have the right to use the property.

Consulting with a competent real estate attorney regarding the easement issue ight be worth your effort.

Good luck.


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