Am I entitled to any monies from the city for a temporary easement since they already paid the previous owner?

UPDATED: Aug 9, 2012

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Am I entitled to any monies from the city for a temporary easement since they already paid the previous owner?

I bought a home over 1 1/2 years ago. The agent never said anything about any road expansion plans but that the city was putting in a sidewalk in front of my house. I went to the highway department 5 months and they showed me the plans and said they paid the previous owners for temporary easement to the property but that it was only going to be 3 to 4 feet. They are now starting the project of expanding the 2 lane road to a 5 lane with sidewalks. They are tearing up my front yard and driveway with the bulldozers that are driving through my yard. Shouldn’t they have to pay me?

Asked on August 9, 2012 under Real Estate Law, Kentucky


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It sounds to me like the previous owners failed to disclose a material fact with the sale of the home and that you should speak with a lawyer as soon as you can.  Did you do a search of the property records associated with the home and would it have turned up the easement?  That could be an issue.  You have an obligation to do due diligence on purchase - inspect, etc. - and your compensation from the city is unclear with out knowing more on the purchase.  Get help now.  Good luck.

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