right of way issues with energy co
we bought our property this past january and was disclosed by the title company during closing a 33ft easement along the roadway at the front of our property and thats all. i called miss dig and had gas lines markes as i was told. we recently broke ground. the basement walls are now up. above the house about 40ft in the air will be power lines. about 130ft off the road there are power lines that go across my property as they do everyones property on the road. my lot is 330 ft long and i do have local set backs to be concerned with as well. anyway, the local energy came out and is telling my i am in there easement/right of way. an i cannot build a house under there lines. i was not disclosed any additional easements or right of ways by the title co when i bought the property. anyway, i have to pay $2200.00 for the lines to be averted around the house. the energy co is not being very helpful. if not myself, who should i find responsible for this? i think the title co, who has failed to return my phone calls should be for not providing me with additional easement info..
In this state, the seller is required to reveal anything KNOWN about the property. During sales, a lot of people seem to go brain dead and 'forget' stuff. Unfortunately, you can't sue someone for 'forgetting'.
The SELLER of the property AND their real estate agent (if one was involved) is totally legally responsible for full disclosure of ALL things that affect a property prior to the contract in most states, although the title company should have known about it and disclosed it to you also.
Consult an attorney and have them write a letter to the seller and/or their agent regarding this issue. They should pay for this, one way or another, not you.
(NC Licensed Real Estate Broker)
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