Legal Question in Real Estate Law in Oklahoma
Three years ago I sold four acres of land . When closing on this sale I provided the abstract company with all information needed to close, which included an easement and legal description thereof.
I allowed the buyer to use my drive while he improved the easement granted to him. A year later, with no improvements on the easement, he sold the land .
When the new buyer started to use my drive I explained to him that the entry way he as using was not the easement and ask him to redirect to the correct easement location.
This buyer produced a survey report and legal description of my drive !
Interestingly enough, the documents showing the location of the easement, were drawn up a full year after my closing , in 2006.
However the signature page, with my notarized signature was attached to this new document , the date of this page was 2005, the date of my cosing with the original buyer!
The documents given to the new buyer showing the location of the claimed easement would not have been in existence!
Evidently the abstract company failed to record the easement . The original buyer taking advantage of this situation, produced new documents using my signature page.
The abstract company refuses to take any responsibility !
Can you advise a course of action?
1 Answer from Attorneys
You need to bring a quiet title action and a suit to reform the easment. The suit will include all parties who have interst in the land. In ths suit you ask the court to correct the deed. As regards abstarat company, you have to do the following research:
If the first easement was of record, the buyer has notice. Was a second easement prepared - the one over yoru dirvie way. Who prepared the easement deed? Did you read and sign it. You should have a filed stamped copy. Also go look at the county clerk's office as to the easment deed that was filed when you sold your property? This is where your title company should assist you.
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