Legal Question in Real Estate Law in Georgia
easement
Should a title search/investigation find easements on a parcel of land?
Asked on 1/15/04, 1:34 pm
3 Answers from Attorneys
Thomas Moens
Moens Law Offices, Chartered
Re: easement
Depends on what you ordered and from whom. Last deed, J&L, etc. types of searches probably would not include easements.
Answered on 1/15/04, 1:51 pm
Charles Dobra
Charles Wm. Dobra, Ltd.
Re: easement
A title search (commitment) will show recorded easements, and a survey will show pictorially where they are located.
Answered on 1/15/04, 2:34 pm
Charles W. Field
Charles W. Field, Attorney at Law
Re: easement
If the easements were properly recorded, yes. However, the problem with some easements is that they came into existence after the deeds, plats, etc. were recorded. E.g., if I verbally grant my neighbor permission to cross over my property, that is an easement, even though there is nothing filed that a title examiner would find.
Answered on 1/15/04, 3:34 pm