Legal Question in Real Estate Law in Virginia
House constructed over an auxilliary sewer line without an easement
We recently were denied a building permit on our home, which is paid off, and later discovered our home is on top of an existing auxilliary sewer line that does not have a recorded easement. This information was not disclosed to us when we bought the home. The town estimates the cost of re-routing the line to be $22,000, and has offered to pay half of the cost. Is the lawyer who closed the deal on our purchase responsible? If not, why did we pay for title insurance? Is the town responsible?
2 Answers from Attorneys
Re: House constructed over an auxilliary sewer line without an easement
This is probably an exception to title insurance coverage (even if you have an owner's policy), but you should see a lawyer to be sure. You also may need to look at the circumstances of the installation of the sewer line, as it may be the municipality's responsibility in full.
Re: House constructed over an auxilliary sewer line without an easement
There are 2 types of title insurance coverage available to buyers of real estate, assuming there is a lender involved in the deal. There is coverage for the lender (mortgage company), which is usually mandatory, and buyer's coverage, which is optional. Whether you have one or both, the title insurance company needs to be put on notice of the problem, in writing and at once. If the closing attorney dropped the ball, the title company can deal with him or her.
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