Legal Question in Real Estate Law in New York
Hi, I did a title search on my property, i checked all the papers of my deed, looked at the diagrams, looked at all the title search information, etc. What i was looking for was to see if Verizon (Utility Pole Owner) has an easment for this pole in my backyard. When i purchased the house an appraiser conducted a survey and from looking at all the records i have, i don't see any diagram of a utility pole that was already standing in the backyard when the house was purchased (after survey). According to the my records the property belongs to me, but there is no diagram of a pole nor any written information in the titlesearch, no document saying Verizon has an easment. Therefore, since the pole is not in my records, nor in any other records that i have, does this mean the pole is on my property without my consent, or is it recorded somewhere else, or since its not documented, means Verizon does have an easment? Thank You.
1 Answer from Attorneys
Q. Since the pole is not in my records, nor in any other records that i have, does this mean the pole is on my property without my consent, or is it recorded somewhere else, or since its not documented, means Verizon does have an easment?
A. You would have to search the records filed with the County Clerk (not your own records).
Mike.
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