Dear Sir or Madame,
This easement would have been revealed by a survey or examination of a recorded plat (if a subdivision) in the county public records. Mere existence of an utility easement is not a title defect. Regardless, I am certain the easement was in fact recorded in the public record and was probably noted in your title commitment (assuming you got title insurance) . I can't explain why you didn't know about the easement but any reference of this easement in the public record is considered notice to you. Again, this easement would have shown up if you'd gotten a survey. If you don't get a survey , title insurance will exclude all matters (encroachment, set-back violations, etc) that might have been shown on a survey. Remember title companys are not lawyers. They can't give legal advice and do not represent you for such matters.
Answered on Feb 20th, 2017 at 11:36 AM