What is a buyer’s legal recourse if an easement and cemetery were found on their property but this fact was not disclosed prior to closing?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is a buyer’s legal recourse if an easement and cemetery were found on their property but this fact was not disclosed prior to closing?
We purchased a home in 2008. After living in the home for over 2 years, we were told by a neighbor there is a graveyard located in the woods behind our house on our property line. After walking into the woods and clearing away brush, 2 small headstones were found. We retrieved our plat from the county courthouse (which we were not shown during closing) and it was determined that the cemetery is located on the back portion of our land and is accompanied by an easement on our property. None of this information was disclosed to us prior to closing. Does the seller have to disclose a cemetery?
Asked on September 15, 2010 under Real Estate Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) The seller would probably have to disclose it, IF the seller had known of it--and if the seller knew and did not disclose, he or she may be liable to you for damages. However, if the seller him/herself had not known, then there probably would not be liablity against him or her.
2) The title search during your purchase should have turned this up, so you might have recourse against whoever did the search; and you may have recourse against your title insurance company (if it's not the same as the prior person), since title insurance insurers against various limitations or clouds on title, including easements.
You should consult with a real estate attorney to see your best options in this case.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.