PDA

View Full Version : Kentucky Easements, disclosure, title work


tpotts
05-05-2007, 06:29 AM
We recently bought 26 acres in KY. There was no seller disclosure. Farm Credit Services who was doing the loan, did the title work. The title work they put in our paperwork to sign, did not include an easement. 6 months later, we go to have the driveway put in. The man across the street who did own the property stops the highway department and tells them they can not do that because of the easement. Come to find out, Bell South has the rights to build on that property or grant anyone else rights to build on that property. It even states that a power substation or distribution station could be built there in what would have been my front yard. If we would have known this, we would never have bought the land. Who is at fault and how do we get out of this mess?

Thank you for any help and suggestions.

Troubleshooter
05-11-2007, 09:26 PM
Why is the highway department putting in the driveway?

How large is the easement?

The easement does not have the power to leave you landlocked. The driveway should be able to travel through the easement.

Have you found out the truth about the existence of the easement. It could be that the neighbor doesn't want his view changed, and made up the easement.

tpotts
05-12-2007, 04:11 AM
The highway department is putting in the tile to cross a ditch at the road.

The easement is for a 30'X30' structure and a 30'X15' parking area.

It does not leave us landlocked but it does make our driveway have a few curves in it.

Yes, it is there. The lawyer who did the title work says it is there also in his report. Farm Credit Services omitted that part of the title work when they gave it to us. So Farm Credit knew about it but did not tell us.

Troubleshooter
06-18-2007, 04:24 PM
Why didn't the seller or seller's agent disclose this?

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements