How to Identify Easements and Understand Them (Title Search Tutorial)
Full Blog Post: retipster.com/how-to-do-your-...
One of the many important aspects of a title search is finding easements and understanding what they mean. Sometimes, they can have a MAJOR impact on a property's boundaries, setbacks, and usability.
I had an interesting deal not long ago where we found a hidden easement that my title company completely missed (and it had big implications for a portion of my property that I couldn't use). Whether the easement is from a neighbor, a utility company, or the county road commission, they're always important for a real estate investor to know about, especially if you're planning to develop the land in any way.
0:00 - Intro
0:14 - What is an easement?
0:45 - Where to find easements on a title insurance commitment
1:22 - Requesting copies of the title documents from the title company
1:50 - Example of what an easement (right of way) looks like
2:52 - Another example of an easement
3:44 - The impact an easement can have on a property
4:40 - A hidden easement my title company missed
6:50 - The challenge of searching for a missing easement
8:32 - Finding and understanding the precise terms of an easement
8:49 - Lessons and Takeaways
9:29 - How to look out for easements on-site
10:07 - You can’t always trust your title company
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Пікірлер: 43
WOW! Great story with the power lines running through your property. The whole deed, and easement process is like the wild wild west, anyone can go get a deed, sign in, notarize it and file it with the clerk's office.
@Retipster
11 ай бұрын
That's a good analogy! It's crazy how the deed recording process hasn't been revised for hundreds of years. It definitely needs an overhaul.
@foodpornchef6484
4 ай бұрын
This same I'm dealing with now and their electric company engineer to come to out to try get it fix
sometimes there are no Easements or right of way, its just old electricity and beware that the owner is 100% liable for that ownership. however when there is a new electrical connection it is no longer old, it now becomes new electric and at that time there will most likely be a easement or right of way added to the land tittle upon that electrical connection in accordance with the standard rules and regulations governing such work. what a timely video, good job.
By far the best explained video I have come across! Excellent work!!!!
@Retipster
Ай бұрын
Thanks for the kind words! I appreciate that!
Love the video! So thick with valuable content for such a specific situation that I find myself in all the time! Way to go Seth thanks for sharing!
@Retipster
2 жыл бұрын
Thanks, Tim! Appreciate you checking it out.
As a transaction coordinator, your videos are AMAZING
Ran across this trying to find out easements around houses. Superb.
@Retipster
Жыл бұрын
Happy to hear that! Thanks for watching.
Great video. Extremely relevant and informative. Thanks for sharing
@Retipster
2 жыл бұрын
Thanks for watching! I'm glad it helped!
Incredible content! Your videos are so in depth!
@Retipster
2 жыл бұрын
Thanks for watching! I'm glad you learned something from it!
Great video, thanks. Exactly the condition i bumped into on another property. Appreciate the info.
@Retipster
Жыл бұрын
Glad it helped! Thanks for watching.
Golden info
Finding & confirming all the easements is like trying to solve a murder mystery XD
@Retipster
2 жыл бұрын
LOL! No kidding!
@JohnDaniels
11 ай бұрын
100%
What if your property have no easement on your driveway can they still park there
What if the property is a private road? Property owners that use the road for access would need an easement, right?
Great presentation! Never mind that the title company missed the easement which was spelled out in Liber 92 Page 5- my only question is, How on earth would the title company know how to find these documents to begin with? Surely they aren't just thumbing through every page of every Liber looking for your property address to appear, are they?🤔
@Retipster
11 ай бұрын
Because they have access to the county's data through software like DataTree. This video shows a bit about how it works: kzread.info/dash/bejne/eZqtupZxlabIgrw.html
Just curious, how do you plan to develop the 6.74 acre parcel?
@Retipster
2 жыл бұрын
A self-storage facility is the goal. Time will tell if it pans out that way or not.
Wow look like my title co missed my supposedly easement on my property as well
@Retipster
Жыл бұрын
Oh really?? Wow, I'm sorry to hear that. I've been there.
That sounds like such a pain to deal with. Sorry that happened to you with that easement
@Retipster
Ай бұрын
Yeah, it was definitely a pain, but we got through it. Thanks for the sympathy!
Well, look at this this way - had you built something in that easement and then had to move it, you would have had a claim against your title insurance policy due to your financial loss.
@Retipster
Жыл бұрын
Very true.
Does the title company is supposed to informe you or sign a form that part of the property one is buying is on easement??
@Retipster
2 жыл бұрын
The title company is supposed to catch this, yes... but sometimes they don't, unfortunately. Mine was a case where they completely missed it. Luckily, it didn't cause any real problems.
@strongtowerman9661
2 жыл бұрын
@@Retipster Well, I just got a home, but there is no fence between one of the neighboors from back yard and the neighbor just told me that property between the two houses is easement because there is a post in the back of property and needs to be reachable for electric company in case they need to reach that post all the way in the back. That part of that supposedly easement property is mostly on my side. I got children and need a fence or something ASAP!! What do you advice? I was never told about this or was disclosed any info regarding that. Should I go to the city? Can they work something out for me? Maybe some kind of remobable fence. I need to have something for my childrens safety on my property premises.
I just wanted to note that I am a former RE paralegal & I really wish some attys would take the time to explain a title exam to their clients; I’d say around 89% of buyers don’t even care to know what a title search is, or what it entails etc; most times they don’t understand how important it is and I don’t think it’s fair that these clients are charged a legal fee and are expected to just “do their homework” 😕 Note to self: When you are considering using a Real Estate Attorney, make sure they are able to comprehensively explain the importance of title in depth. Make sure those attorney fees are worth your while! 💵💰
@Retipster
Ай бұрын
I'm with you! If you ever need a good reference guide on all of this title search stuff, you might want to bookmark this blog post and share it with anyone who needs to learn more: retipster.com/how-to-do-your-own-title-search/
Can you park your car on easement?
@Retipster
2 жыл бұрын
Good question. It depends on what the easement says. In my case, it would probably be fine as long as it doesn’t prohibit the utility company from getting access to the poles when needed.
@Rick-the-Swift
11 ай бұрын
It depends on what the easement says. I had a neighbor park his pickup truck in my driveway without permission- he was deer hunting on his property adjacent to mine and their is an easement in place. I left a note on his truck asking him to please move it as I had large delivery trucks coming in and needed to have the driveway clear. The next day he knocked on my door with humble hat in hand asking if it would be ok for him to park his truck there again for the day. I told him no, and after discovering that his tree stand was placed directly on my/our property line, I also told him I had concerns about him shooting a deer and it running on to my property. He assured me a deer wouldn't, but I knew better because he was using a bow and arrow and I didn't want a wounded deer falling dead on my lawn during a barbeque or something, so I said if it happens, call me and I'll help you track the deer. Long story short- he didn't argue when I told him I wanted the driveway kept clear, even though he had an easement to "make use" of my driveway to enter his property. However, "make use" doesn't mean he can just park on my property anytime he wants. "Make use" means he can use my driveway to access his property only- that means he and his vehicle need to keep moving if he wants to "make use" of my property. Otherwise he's prohibiting me from making proper use of mine. Hope this helps.