Buying a house with easement violations?

5 Replies

I don't undestand the implications of all the easement violations. Can someone provide some advice/guidance in regards to this? 

TIA

Generally speaking if a buyer facing this scenario moves forward with the purchase, he/she would want to be sure that SOMEONE ELSE pays for the damages if forced to remove the house, deck or driveway. Either that or price for that possibility.

Buyer would want to have affirmative coverage for forced removal... and without knowing whether those are overhead or underground utilities, it's tough to say whether a title insurer would agree to that. Worse odds if underground. If there is any good news it's that the house itself only violates the easement by ~2.5 feet.

Originally posted by @Tom Gimer :

Generally speaking if a buyer facing this scenario moves forward with the purchase, he/she would want to be sure that SOMEONE ELSE pays for the damages if forced to remove the house, deck or driveway. Either that or price for that possibility.

Buyer would want to have affirmative coverage for forced removal... and without knowing whether those are overhead or underground utilities, it's tough to say whether a title insurer would agree to that. Worse odds if underground. If there is any good news it's that the house itself only violates the easement by ~2.5 feet.

 Thank you for your advice. 

I'm the buyer. How would I go about getting affirmative coverage for forced removal?

@Roshan K. Is that a current survey that you purchased and that the title company has reviewed? If so, and the title commitment identifies those encroachments as specific exceptions on the title commitment, you would say "Not acceptable. I need affirmative title insurance coverage for these encroachments." 

In that case the title insurer would evaluate all pertinent info (such as period of time of use and type and extent of the encroachments). They might require additional premium in order to insure over these issues (which the seller should pay, imo) or they may say "No" and either you would need to agree to accept the risk or the seller would need to fix the problems... because they essentially built over someone else's property -- 3 times!

Originally posted by @Tom Gimer :

@Roshan K. Is that a current survey that you purchased and that the title company has reviewed? If so, and the title commitment identifies those encroachments as specific exceptions on the title commitment, you would say "Not acceptable. I need affirmative title insurance coverage for these encroachments." 

In that case the title insurer would evaluate all pertinent info (such as period of time of use and type and extent of the encroachments). They might require additional premium in order to insure over these issues (which the seller should pay, imo) or they may say "No" and either you would need to agree to accept the risk or the seller would need to fix the problems... because they essentially built over someone else's property -- 3 times!

 This is a inspection report that I received today from the title company. Thank you for your advice, I will try talking to the title company to get affirmative title insurance coverage. Thanks again!