Whatare a property owner’s legal rights regardingan undisclosed easement?

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Whatare a property owner’s legal rights regardingan undisclosed easement?

I purchased my home almost 4 years ago from an independent builder in a developing subdivision. I also installed a privacy fence along the back of my property at that time. However today I received notice, along with 40 other homeowners, that we will have to move our fences in 10 feet due to a drainage easement that the developer will begin work on in 3 weeks. This easement was not disclosed to me by the title company and/or anyone else. This 10 feet of property that I will loose equals 10% of my lot, thus $2,800. Do I and other property owners have a legal case against the developer?

Asked on December 10, 2010 under Real Estate Law, Arkansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to read all the documentation you received prior to and at the closing.  Did you have an attorney representing you? Do you have a copy of your deed?  The deed should have the easement in it.  From the way that you have phrased the question here it appears that something was either not disclosed or over looked by someone on your behalf.  You should not be losing that much of your property  - or any amount for that matter.  I would seek help from an attorney in the area that deals in real estate.  You need to get to the bottom of what happened and be compensated if need be.  Good luck.


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