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Old 07-22-2012, 01:15 PM
 
6,365 posts, read 7,369,788 times
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As I read through your thread, I was amazed that your attorney allowed you to close without seeing the title report. Also, all of the exceptions in your title commitment should have been gone over with a fine-tooth comb. There's no excuse for those exceptions not being explained to you.

One thing I'm not clear on: Did the bank fill out the disclosure report? If so, they should be on the hook for not disclosing the easements. Maybe you should ask if they will just rescind the deal and pay you back for your purchase price and expenses. Good luck.
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Old 07-22-2012, 01:32 PM
 
Location: Virginia
629 posts, read 1,426,294 times
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Quote:
Originally Posted by jackmichigan View Post
One thing I'm not clear on: Did the bank fill out the disclosure report? If so, they should be on the hook for not disclosing the easements. Maybe you should ask if they will just rescind the deal and pay you back for your purchase price and expenses. Good luck.
The disclosure was attached to our offer agreement. It is computer generated and seems to actually have been filled out by our/their realtor. The bank just signed it. I would love for them to rescind but I can't see that happening. I know we are in for the legal battle of our life but we aren't backing down.
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Old 07-22-2012, 01:54 PM
 
3,404 posts, read 4,150,440 times
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Quote:
Originally Posted by Silverfall View Post
A right of way and easement won't change your legal acreage. They just purchased the right to go across the property that you own.
Yes, you are right.
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Old 07-22-2012, 02:05 PM
 
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I have a question. What makes you think this an easement rather than part of this property being purchased outright to make a road? I owned a property once where the government came in a purchased part of it to redo the road and that map and what not reminds me of the whole thing. Who is calling this an easement? Not saying it is or isn't, but is it certain that it is?
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Old 07-22-2012, 02:20 PM
 
Location: North Beach, MD on the Chesapeake
32,178 posts, read 39,371,496 times
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Quote:
Originally Posted by Silverfall View Post
A right of way and easement won't change your legal acreage. They just purchased the right to go across the property that you own.

Usually governments don't get easements (except maybe for service or access to utilities) for roads. What usually happens is a condemnation for eminent domain (and a condemnation only happens if the property owner fights it, not if they're agreeable to the compensation offer). Mostly what happens is a new right of way, or an expanded one, is created.
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Old 07-22-2012, 02:52 PM
 
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Quote:
Originally Posted by North Beach Person View Post
Usually governments don't get easements (except maybe for service or access to utilities) for roads. What usually happens is a condemnation for eminent domain (and a condemnation only happens if the property owner fights it, not if they're agreeable to the compensation offer). Mostly what happens is a new right of way, or an expanded one, is created.
Exactly, like what happened to me as I mentioned in a previous post. If that is the case the seller definitely has to disclose it. And if that is what happened I think her property would be two separate parcels, though one is small they would have two separate parcel numbers. If so, this would indicate that the buyer doesn't own this new road and it's not an easement.
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Old 07-22-2012, 02:53 PM
 
Location: Mostly in my head
19,651 posts, read 53,664,683 times
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Quote:
Originally Posted by ~Pajama mama~ View Post
........................and there are no easements listed. Even the final recorded deed attached to the title report doesn't show it. The only place places they are found are on the back of the title report..and from there it lead us to where each easement as a whole with the condemnation was filed at the courthouse.
So it is not actually your land anymore. I think you have an excellent case against almost everybody involved in this but then, I am not an attorney.
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Old 07-22-2012, 03:11 PM
 
Location: Salem, OR
13,756 posts, read 31,653,769 times
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Quote:
Originally Posted by North Beach Person View Post
Usually governments don't get easements (except maybe for service or access to utilities) for roads. What usually happens is a condemnation for eminent domain (and a condemnation only happens if the property owner fights it, not if they're agreeable to the compensation offer). Mostly what happens is a new right of way, or an expanded one, is created.
You're right. She did say it was a condemnation according to the county records. Since the road cuts through the property the legal description should have been interesting as it would have to stop and start to go around the road in the middle.

OP how can the attorney be representing you and the seller at the same time? I know when they act as the closing agent they aren't really representing you, in the way that you think of attorney's doing, but since yours looked over your contract, I am totally confused about their relationship with you in this situation. You might want to check with the PA BAR on that.

I do agree with others that I would secure legal counsel before pursuing this with the closing attorney. It is extremely important that you don't give them time to cover their tracks if you end up moving forward with litigation.
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Old 07-22-2012, 03:59 PM
 
3,404 posts, read 4,150,440 times
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Quote:
Originally Posted by SouthernBelleInUtah View Post
So it is not actually your land anymore. I think you have an excellent case against almost everybody involved in this but then, I am not an attorney.
It never was hers. That is the problem. The seller sold off part of it and didn't disclose it.
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Old 07-22-2012, 04:25 PM
 
Location: Virginia
629 posts, read 1,426,294 times
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Quote:
Originally Posted by Zyngawf View Post
I have a question. What makes you think this an easement rather than part of this property being purchased outright to make a road? I owned a property once where the government came in a purchased part of it to redo the road and that map and what not reminds me of the whole thing. Who is calling this an easement? Not saying it is or isn't, but is it certain that it is?

Sorry..I'm calling it an easement. It may or not be..I'm not sure at this point. It's filed as a condemnation. Did that mean they purchased it?

Quote:
Originally Posted by North Beach Person View Post
Usually governments don't get easements (except maybe for service or access to utilities) for roads. What usually happens is a condemnation for eminent domain (and a condemnation only happens if the property owner fights it, not if they're agreeable to the compensation offer). Mostly what happens is a new right of way, or an expanded one, is created.
Yes! This is what happened. It doesn't call it an easement..it's called a condemnation and it seems all 7 parties receiving it were filed in one recording so I don't think anyone disputed it but they still did all as condemnations in one fell swoop.

Quote:
Originally Posted by Silverfall View Post
You're right. She did say it was a condemnation according to the county records. Since the road cuts through the property the legal description should have been interesting as it would have to stop and start to go around the road in the middle.

I'm sorry..I've confused everybody..not surprisingly as I am confused as hell. Yes..it was filed as a condemnation and no..the legal desciption/deed does not reflect any roads in it. Your saying it should?

OP how can the attorney be representing you and the seller at the same time? I know when they act as the closing agent they aren't really representing you, in the way that you think of attorney's doing, but since yours looked over your contract, I am totally confused about their relationship with you in this situation. You might want to check with the PA BAR on that.

We had to pick an attorney from a list and our mortgage gal recommended this one. Our realtor sent her the signed contract and within a couple of days I received a letter from the attorney that she was also attorney for the seller but she could perform both parties with excellent and fair representation. We had to sign something agreeing to this. She didn't like how an addendum was worded and had them make changes on our behalf. We didn't ask her to do that.

I do agree with others that I would secure legal counsel before pursuing this with the closing attorney. It is extremely important that you don't give them time to cover their tracks if you end up moving forward with litigation.
There is more to the story here (isn't there always? ) We know the lawyer personally. She really is a nice person. Her child and ours played on the same ball team. I'm torn as I think she would own up and work with us to figure something out. Am I delusional? I still plan to meet with an independent first..just to know legally IF she is the one that screwed up.

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