Legal Question in Real Estate Law in Virginia

non-disclosure of an easement

after we purchased our house, we found out that the neighboors beside us have a permanant easement granted to them from the previous owners allowing the ingress and egress through our property to access our pond. this information was not disclosed to us before hand and we were not aware of this until after we received our title search a month after closing. Since we were not told about this before, do we have a case to have the deed of easement voided or sue for non-disclosure? If we would have known about this before purchasing, then we would not have purchased the house.


Asked on 9/14/07, 3:26 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: non-disclosure of an easement

No, you certainly have no basis to void the deeded property interest(the easement) of your neighbor who wasn't even a party to your transaction, and in the Commonwealth there is no duty on the part of a seller of real property to disclose anything regarding the real estate to a prospective buyer unless the buyer asks specific questions which the seller then is duty bound to answer truthfully.

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Answered on 9/14/07, 8:44 pm


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