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A Real Life Step-by-Step of a Property Access Nightmare

By , About.com Guide

Deal Closes - Lot 6 Owners Build Driveway & Start Home - Seller Blocks Access
Survey plat of two lots with an easement. ©Jim Kimmons
Now this property access nightmare really gets interesting. The happy new owners of Lot 6 build an expensive new rock-lined driveway, and they begin construction of their new home.

The Seller and owner of Lot 5 lives out of town. Somewhere in the process, he makes a visit, sees the construction, and blocks the access over the easement that no longer exists.

Lot 6 new owners go to the title company to get this "fixed." The only problem is that it cannot be "fixed." There is no legal access, as it had been extinguished prior to closing and not caught in the title search as explained before. So, the new owners ask the title company to pay for access, by having some of the utility boxes relocated for access from the street where the X's are on the drawing.

Well, the underwriter for the title company refused to pay any claims, as they had only insured "Lot 6" as in the legal description, and that didn't include the easement.

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