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Odd Question- Easement on Property


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I have kind of an odd question. Does anyone know if there can be an easement on your property that does not show up on your closing paperwork/deed? I see nothing on our paperwork or on online information from our county. I am not talking about utilities easement but a neighbor having one. Obviously the recorders office is closed now due to Covid-19 so I was wondering if there way anyway I could find out. I would appreciate your help so much!

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Do you have a survey of the property? I would think it would show up there. 

I can't imagine how it wouldn't be listed *somewhere* in your closing paperwork, especially for something odd like a neighbor having an easement....?? That's strange. 

I hope you get it sorted, favorably. It seems like it would have to be in the stuff that was disclosed at the sale......how very odd. 

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2 minutes ago, TheReader said:

Do you have a survey of the property? I would think it would show up there. 

I can't imagine how it wouldn't be listed *somewhere* in your closing paperwork, especially for something odd like a neighbor having an easement....?? That's strange. 

I hope you get it sorted, favorably. It seems like it would have to be in the stuff that was disclosed at the sale......how very odd. 

Neighbors having easements are usually access roads or paths that cross a property. Often used to expand or add a driveway, or shortcut to another part of the property, or a water source. There can also be easements that prohibit things like a certain height of tree that blocks a view or solar panel access to sun. 

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We have an easement on our property - basically, we have a 1/2 mile shared lane with the neighboring property. Because of the topography of the land, the previous owners made a deal with the neighbors that if the lane could go over a tiny corner of their property, they could use the lane as entry to their land. When we bought the land, the easement was shown on the survey and there was a written description of it in the contract.

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Ours was on our deed and property buying paperwork. Not something you’d miss I don’t think. It was for access to property behind ours by a foot path in our woods. 
The person who owned the property would visit every summer and every year tried to pave or put gravel down on the path to make it into a driveway.... across our land.
State police would come out and check it out but everyone said it was a real estate issue and nothing they could really do- basically would just tell us to sue him if he ruined our property. We would stand out there and physically not let him spread the gravel with his heavy equipment. Good times, no. glad we moved.

our property had never been surveyed- like many rural wooded areas, so it would not have been on one

Edited by Hilltopmom
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It should have been on your Title/Preliminary report when you purchased your property. If it wasn't and it was already recorded when you bought the property then you need to contact the Title company. Some counties have online access to property info.

 

 

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  • 4 months later...

I had land with a house partly owned by me and by my older brother. He has a family,  and our parents left to leave in a beach house with nice view. So I decided because I'm single to sell him my part partially so that they could handle their struggles as easy as possible. They were happy with my decision, and I made my own also. After studying in university of Berkeley  and working in a social helping company with lawyers advices for those who can afford it I understood that New Jersey is not for me and I made a decision to purchase land property with all registration complete, thanks to https://hrex.org/igrsup-registration as they provided all necessary information to me. Pleasant and easy yet all clear as glass. Now I live here for 3 years and I'm fully in to their culture by peoples perception, travelling and coming back to my house where someone always awaits me if not with me on my journey.

Edited by Wendyko
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Yes. It is possible for a prescriptive easement to exist due to long use - without a written record. 

If you have title insurance call the title company, which I think are mostly open at least for calls. 

 

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