Q: Is it our responsibility to pay a license fee to the railroad company each year if the easement was not disclosed?
We bought a home 3 years ago and started getting invoices from the railroad company that owns the railroad behind our home. Apparently our sewer pipe runs under the railroad. The easement was not disclosed to us when we bought this house and the title company said they did not know about it. It is a $500 licensing fee we get billed for every year. The agreement was signed in the 60's and the railroad company said the license stays with the property and is not always transferred properly. The borough pays 1300 a year and we have to pay too. Is this our responsibility if this wasn't disclosed when we bought the home?
A: That's what title insurance is for. First, check the deed you received. Is it in there?
The point of title searches is to find things that "run with the land...." such as old rights of way, for instance.
So definitely notify the title insurance company, get the realtor who was involved if one was involved. If you get a lot of pushback you need to consult an attorney who focusses their practice on real estate law.
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