Q: Ingress/Egress/Utility Easement added to plat at sale (5/16/2016) that was misrepresentation what do I do. Just discov
Seller and Surveyor added an easement to the certified plat a week before closing for the convenience of the seller, sent the plat through a county planning commission for approval, and recorded it with the registrar. The seller told my real estate agent and myself the easement was "always here" at the time of sale. The Purchase and Sale did not allow for an added easement for this purpose. Surveyor has admitted within past 2 weeks that seller told him documents would be provided for this easement and he had nothing to document the legality of the easement. It has taken 5 years to figure this out after multiple lawyer consultation and investigations. Is this a crime?
A: There is a good chance you have blown the SOL. If you bought owner's title insurance, you might have a claim. Criminal charges are doubtful and likewise will be beyond the SOL. You may be able to sue to reform the deed (doubtful) or file ethical complaints against the real estate agents. If the Deed does not disclose the easement in the legal description, then suit for breach of warranty of title against the seller is possible if the SOL is not run.
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