Legal Question in Real Estate Law in Illinois
Easements
Our Title seach 5 years ago didn't have any easements. Now Someone is saying that there has been an easement since 1987. The paper their lawyer provided was stamped that it was recorded for public record. So my question is there an easement or not? Also who is resposible for not telling us that there was an easement? The title company?? Who? Also if we had known we wouldn't have purchased the property
2 Answers from Attorneys
Re: Easements
The title company may be responsible. Also, you may have a claim against the seller. You need to contact an attornney to review all of the closing documents, your title commiyment, title policy and the easement.
Re: Easements
The title company provided your insurace, so the easement, if it was recorded properly, is their responsibility.
The sellers, if they were aware or should have been aware of the easement, are also responsible.
You should contact the title insurance company to file a claim as soon as possible.
Do not be surprised if the title company resists the claim, as they are unlikely to view the existence of an easement as a complete failure of title.
Contact an attorney for further information.
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