Expert: Dick Dennis - 6/15/2006

Question
Will the Title Co. Attorney suffice for this process?  Should I retain a separate attorney?
Thank you so much !!!
What about a 'petition to vacate' the easement by the utility company.  The house is 10 yrs old & there's something I read about 5 yrs of non-use.

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Followup To

Question -
I've place a contract to purchase on a house.  After the survey was performed, I learned the house sits on the 20' easement.  I asked the utility company, they said if necessary, they would only require approx. 5' to dig.  The house does not sit on the sewer line.

Should I purchased with this known issue?  The title company says they won't cover a loss if utility company damages the house..
now what as a purchaser?    Cancel the offer?

Answer -
If the utility company said they only need 5 feet, then have your attorney change the easement to reflect that. That way you'd only have a five=foot easement across your property. If they won't agree to change it to five feet, then you are the only one who can decide whether you want to buy such a property.

I do wish you well.

Dick Dennis          dixiedee13@aol.com

Answer
I suppose you could petition the utility to abandon the easement, but your house is too new for that. But you could try. At least get them to modify it to five feet. And use your own attorney to do it.

As for not use for five years, you talking about taking over a prescription easement which has nothing to do with this. This easement was put in when the contractor built the development. And it was part of the requirement by the county planners when they approved the plans.

I do wish you well.

Dick Dennis          dixiedee13@aol.com