Legal Question in Real Estate Law in Illinois
I purchased a lot from a realtor who had preveosly subdivided this property. I've owned this property for about a year, there's no easements or restrictions to building on this lot, so I thought. I had a meeting with the city about drainage and the neighbor had come out to talk, he let us know that the sewer and water main for the house on the lot behind me ran down the middle of my lot. This is the house that was on this entire property until it was divided. No easements were ever recorded the city official didn't know anything about it. Whats the Law say about this. Is it my problem, the new owner of the existing home, or the previous owner that had it subdivided. Thanks.
3 Answers from Attorneys
This would depend to an extent on whether you received a warranty deed for the property.
Not every easement needs to be recorded, utility easements in particular. But yes it may depend on the kind of deed AND SURVEY you received when you purchased the lot; the deed and/or survey may have reserved the right for that house to get water and sewer service over the lot you purchased. In fact if I had owned the entire property I would have made sure that was the case. If you had an attorney help you with the purchase, you should go back to him/her. If not, you need to find an attorney to start with the basics and look at the deed and survey. But none of this means you can't build on the lot; you may just have to accommodate that house's continued need for the lines, or build around the lines, although that could cost you. On the other hand you may be able to tap into the lines to use them if you build and that could save you some money. There are several facts as such that are missing. Time to get an attorney if you want to build or if you feel the value of the lot is diminished by the location of the lines.
Yes, it is your problem as you own the lot now. You and/or your attorney should check the deed and survey, and also check the title insurance policy for restrictrions, easements, and other facts related to the sewer and water main. You may have unrecorded easements on your lot that could benefit you or restrict your development of the lot. Time to act is not; the problem will not go away by itself. Will you hire an attorney?
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
