Property Easement Question?
I’m buying my aunt’s house and just found out that there is a 20 feet wide arial easement throughly the middle of the house. Apparently, the original survey missed it when my aunt was approved for the original loan to build the house in 2002. HL&P (Reliant) owns the easement. There are no power lines around the house, so can I have it removed? What’s the process and what does it cost? I can’t get financed unless this is taken care of.
Can we sue the original title/survey company for missing it since the seller essentially now has a house they can’t sell? Is there any way to just ‘forget’ the easement since the House is already built?
- babyboomer1001Lv 72 years ago
You cannot remove an easement. It is there for good. It is not a matter of process or money. If you want the house, you get it with the easement. If you don't like it or you cannot get the financing you need to buy it, don't buy the house. The survey might have missed it. Did the deed miss it? Probably not.Source(s): Certified Paralegal, with 25+ years' experience.
- SlickterpLv 72 years ago
No one owns an easement. They have been granted an easement, they don't own anything. Removing an easement most often requires agreement of the person or entity holding the easement.
- loanmasteroneLv 72 years ago
There are many.many houses sold daily that has easements on the property for some reason or the other. Some easements are over a hundred years old and are really no longer valid.
An easement allows free use for the greater good of the community. Do not confuse an easement with mineral rights, as some on this forum has.
Normally a local title company would be able to explain most easements on a property.
An easement should not prevent a house from being sold or refinanced by any mortgage lender.
Everyone else is suing everyone, why not you? If this is the route you would like to take, you would need to contact a licensed real estate attorney in your area. The first initial consultation is at no cost to you.
Once you have agreed to accept the services of an attorney, you would be required to give this attorney an advance, based on what you would be charged by this attorney.
I hope this has been of some benefit to you, good luck.
- realtor.sailorLv 72 years ago
If you're "buying" the home then you haven't closed yet and have time to look into it. Utility easements are normally along the lot lines. Did your mother combine two lots? If so the utility easement needs to be vacated. If that's not the case "aerial" easements usually encompass the entire lot (along with adjoining) and it's purpose is to prevent the home owner from complaining about aircraft noise. You might have a case against the surveyor but would be much quicker to have it vacated. Consult an attorney.
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- Anonymous2 years ago
Of course a house with a utility easement can be sold. They are bought and sold every day. An easement has nothing to do with the ability of ownership being transferred from one party to another. An "aerial" easement is not "through the middle of the house". It's for power lines over the house. Get a grip, drama lama.
i bought a house on a couple of acres that has coal mining rights belonging to a coal mining company. No one cared, not even the lender. We haven't mined coal here in 100 years.
As I said, there is nothing preventing your aunt from selling the house. If you have a persnickety lender, try another lender. Or pay cash. Or she can find another buyer. Lots of options here.
- Anonymous2 years ago
you need to find a lawyer specializing in property.............no one on YA can provide an accurate answer
- SimplytheFACTSLv 72 years ago
you would need to talk to reliant and see if they are willing, if not it will be a long expensive legal battle. the house can be sold with the easement. houses with easements are sold all the time...or it can be sold to someone who doesn't need financing.
the easement would be for running lines over the house if need be or accessing the property to get to other lines
(this isn't your company, but its probably similar)
1st step in the process is to contact reliant