What can I do about an undisclosed property easement that is impeding the sale of my home?

UPDATED: Aug 3, 2011

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What can I do about an undisclosed property easement that is impeding the sale of my home?

In 2008 I purchased a brand new site built home on a 1/2 acre . The land has an abandoned well at the far side of the property. We are now trying to sell this property. At the time of our purchase we received a survey of the land and had no problems with any easements. When our buyers received a survey there was a 2500 ft sq easement around the abandoned well on our property line. The neighbor who’s property line is closer to the well than mine does does not have an easement. sale fell through and we are no longer receiving offers as we are disclosing this easement. What can we do?

Asked on August 3, 2011 New Mexico


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

When you pruchased your proprerty, did you receive title insurance for the land? If so, read the preliminary report and the title insurance policy that you received. Is there a reference of the easement in these documents? If so, you should tender the undisclosed easement to your title insurance company to resolve.

If the easement that has now popped up burdening your property has not been used for many years, it might be abandoned. If abandoned, you might be able to file an action against the holder of the easement to have it declared abandoned and clear it from your property's chain of title as a burden upon it.

Consulting with an experienced real estate attorney about the easement issue should be done at this point concerning your options.

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.

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