Easement liability question

1 Reply

EE company buys property, a connected building, for $200,000. EE company uses 2 private lenders for $100,000 each Each lender gets the lenders policy from the title company on their “deeds of trust.” EE transfers the property to CQT “subject to” the two loans 5 years later. 10 years later the neighbor, who also is the original seller to EE Company, says they have an easement to a “common” stairwell. The stairwell was never used by anyone in those 10 years except for the EE and then CQT owners of the property. The easement was recorded in the county records prior to issuance of the title policy, and missed by the title company. The tenants in the building don’t like the aspect of sharing a stairwell for security reasons and have given notice of intent to leave. The neighbors want keys to the stairwell. Title company says they have no liability in the matter because both parties own half of the common stairwell and the easement allows each party to use the others half of the stairwell. Is there any recourse?

Unless there is an owner's title insurance policy and CQT meets the definition of "insured" .... there is no recourse. 

Most transfers are expressly made subject to easements and restrictions of record.

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