What to do if we bought a piece of property next to a pipeline and now have found out that the pipeline runs under our house?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if we bought a piece of property next to a pipeline and now have found out that the pipeline runs under our house?
The house is in the process of being sold and this has to be disclosed to buyer, which will ruin the sale. Who is liable for the issue, the pipeline company or the person who sold us the lot?
Asked on September 6, 2012 under Real Estate Law, Nebraska
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You need to look at the preliminary report as to the home that you are selling to see if there is an easement of record on your property allowing the pipeline on it and at its current location. From there you need to consult with a real estate attorney about the pipeline issue that you have written about to see if the pipeline has any detrimental effect on the subject transaction.
If the pipeline is part of a recorded easement and was existing when you purchased the home, then the recording of the pipeline easement placed you on constructive notice if its existence under the law. Constructive notice is deemed actual notice under the law.
The facts of your question do not allow me to render an opinion as to liability issues at this time. Hence you need to pull a preliminary report on the property first and see if the pipeline is part of a recorded easement on your parcel.
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.