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spummerr

Easement Questions

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11 hours ago, spummerr said:

Is the owner of a property required to list easements when selling a property?

 

List them where?

 

 

11 hours ago, spummerr said:

if a company who has a easement on a property goes out of business, How does the property owner get that easement removed?

 

If you can't get anyone to execute a release of the easement, judicial action would be necessary.

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The Texas Real Estate Commission publishes a disclosure form that is primarily aimed at sales of houses.  However, the form requires the seller to disclose the existence of "Unplatted easements".  I would take that to mean any easement that was added on the property after the original platting of the property.  Based on that, I would think that if you granted any new easement on the property you would be required to disclose the existence of the easement.

 

Does this have anything to do with the post eslewhere where you discuss  a pipeline company seeking an easement over your rural land?   

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2 hours ago, spummerr said:

In a ad

 Do you have to disclose easements to a buyer?

 

These are two different questions.  Does the seller have to "list easements" "in an ad" for the property?  No.  That would never happen.  Based on this disclosure form, it does not appear that the seller would have an affirmative obligation to disclose an easement unless the easement is an "unplatted" easement (which I assume means an easement that has not been recorded with the appropriate local agency).  Obviously, this should be confirmed with a local real estate attorney.  Generally, a purchaser of residential real property or a purchaser's prospective mortgage lender will obtain a preliminary title report that shows all encumbrances of record.

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3 hours ago, RetiredinVA said:

The Texas Real Estate Commission publishes a disclosure form that is primarily aimed at sales of houses.  However, the form requires the seller to disclose the existence of "Unplatted easements".  I would take that to mean any easement that was added on the property after the original platting of the property.  Based on that, I would think that if you granted any new easement on the property you would be required to disclose the existence of the easement.

 

Does this have anything to do with the post eslewhere where you discuss  a pipeline company seeking an easement over your rural land?   

 

Yes, I'm thinking of selling the land I granted 2 easements on

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