Legal Question in Real Estate Law in Minnesota
lack of disclosure of temporary easement at time of sale
I purchased our house one year ago. Unaware of a city construction plan. Prior to the sale the previous owner was given a check (sum unknown) for a temporary easement, which involves changing the appearance and removal of a concrete stair leading to the street. My question is: Am I entitled to the funds at this time and is there a legal issue for not disclosing any information at the time of sale. Thank you.
1 Answer from Attorneys
Re: lack of disclosure of temporary easement at time of sale
Rights concerning real estate transactions tend to be governed by the paperwork generated in connection with the transaction. It would be a mistake for me to say much about your case without seeing all the documents first. You need a consultation with an attorney.
That said, ordinarily an easement would be a matter of public record. It should have shown up as an exception to the title insurance policy, one of the documents you should have reviewed before the closing. You probably are presumed to be on notice of anything that is public record whether you really know about it or not. My guess is that chances are there is not much you can do about this now.
But to be sure, you should consult as I said. My number is 952-544-6356 - and my consult fee is $150.
Good luck.
One more comment. This is a good example of why it is always a good idea to have a lawyer come with you to the closing.
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