Legal Question in Real Estate Law in Washington

I bought a home 1 1/2 yrs was going to build fence so I had my property survaury there was no easement,yes I had title search when I got house. came out clean come to finded out there was a easement for a driveway for the house next door,but before I found out I cut out some drive way,my title ins company told me thats to bad.We aren't looking at just a few foot it's over 400sq.isn't that why I have tiltle

ins for these reason any help would help

Lynn


Asked on 2/09/11, 6:15 pm

1 Answer from Attorneys
Amir John Showrai The Pacific Law Firm, PLLC

Lynn,

The title insurance is not there to tell you what easements exist on the property. Title insurance is there to ensure that when you purchase something, the title you get is free and clear, save for the mortgage you put on it.

The easement is in the title, as you discovered when reading it. The title company assumes you have read the title too, so that you know what you are getting when you buy it. (Most folks do not read it, so you are not alone there.) All they are doing is guaranteeing that whatever is written there is free and clear, which it appears is exactly what happened.

Unfortunately, if you neighbor demands it, you are going to need to do whatever is reasonable under the circumstances to restore that easement for your neighbor. You may also be liable for damages if the neighbor has no other way of accessing their property.

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Answered on 2/09/11, 9:55 pm


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