Memphis, TN asked in Real Estate Law for Tennessee

Q: bought large lot. after closing found out that 25% of the property is Utility easement. Statute of Limitations?

Easement is for High Voltage Transmission Electrical lines.

Easement was not disclosed by the seller. Seller was aware as it was later found on his deed with title work. Easement was on the title work, but its existence or the actual title work was not shared with us by the closing attorney. I now have 25% of my property to which I retain almost no rights for use and to which the surface use of the land is dramatically affected at almost 100% loss. Do I have any recourse?

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: Did a title company or the closing attorney communicate with you about the title? If so, then a possible case of negligent misrepresentation might lie for a specific lie, but still a weak case. It is very doubtful as apparently noone represented you, and you did not check out anything. If the seller made specific representations, you might sue for fraud. But again it would be weak. General Sessions Court might be the place to sue cheaply. Do not mess with real property without a lawyer representing you.

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