QUESTION

Do I have to pay a "claim for damage" for a utility running under my backyard that I did not know was there?

Asked on Feb 19th, 2017 on Residential Real Estate - Florida
More details to this question:
I placed a post for a dog fence in my backyard and a buried phone line was damaged. This was well into my property limits. I had no knowledge of this and it is not recorded in the documentation received when I purchased the house two years ago. I want to know if I am responsible and if so, why would be a utility running under my property w/o me knowing.
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1 ANSWER

Asset Protection Attorney serving Vero Beach, FL at Charles H. Sanford Law Offices P.L.
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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

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