Quick Answer: Do You Have To Disclose Easements?

YES!

Every single easement, or encumbrance must be disclosed in the Contract.

If a buyer finds out there is an easement or encumbrance on the property that wasn’t disclosed, they may be able to terminate the contract.

Not only that, but the buyer can seek to recover damages for their losses against a seller.1 Feb 2017

Does seller have to disclose easement?

Answer: Some states require that home sellers disclose a number of things, including whether there are any easements on the property. You may have a case against your seller, but an attorney would have to advise you on the status of your specific state’s laws.5 Apr 2009

Can you refuse an easement?

As the owner, you have a legal right to grant or to deny someone’s request for an easement on your property. No one can simply impose an easement on you. However, if the easement is sought by a public entity like a local government or utility, your denial may be challenged in court.

Are all easements recorded?

A property easement is generally written and recorded with the local assessor’s office. The documented easement will show up when a title search is conducted and it stays there indefinitely, unless both parties agree to remove it.15 Mar 2012

Are unrecorded easements valid?

Easements can be valid even when not recorded. That being said, an unrecorded easement Is much harder to establish.11 Oct 2014

Can you sell your easement?

Selling an Easement

You can establish a new easement on your land to grant a right of use to another party for a specific purpose. You can sell these rights much like you would sell a piece of property. You will need a contract that outlines terms of use and will need to file the easement in public archives.

How do I find if my property has an easement?

If you want to know where any utility easements are located on your property, call the utility company. Or you can go to the county land records office or city hall and ask a clerk to show you a map of the easement locations. A survey of the property will also show the location of utility easements.