Not ALTA related but tied to the public's lack of understanding of easements.?ÿ A local fellow caught me a few days ago who lives on a tract I had surveyed a few years before he bought it.?ÿ He thought that entitled him to get free information.?ÿ The local telephone company ran a line across the front of his tract and everyone else's in the area in the 1940's or 1950's.?ÿ He has been searching to find a specific easement tied to his property saying the telephone company could do that all those years ago.?ÿ His argument is that no one along his one mile stretch of road is using a land line as they all use cell phones now.?ÿ There happens to be a telephone riser in his front yard.?ÿ He wants it gone.?ÿ In fact, he may just hook onto it and rip it out of the ground.?ÿ I advised him that would not be a very good idea.?ÿ Trying to explain how easements work and what it takes to get one released completely went over his head.
First thing to consider is that pole within a public right of way area. Transportation implies more than vehicles, but electric power and information as well.
Paul in PA
@ppm Proposed easements obviously don't currently exist, and are not required to be shown. However we have many times shown these easements clearly marked as proposed, but only with the consent of the current owner. It is his property you may be placing a burden on and he is the one who might sue you. If he is okay with it, there isn't something else preventing you from showing those easements. It could simply be an additional negotiated item on your ALTA.
Thank you all.?ÿ
I let my now client (proposed buyer) know that we have previous information, that we did for the previous client (seller) and that if released from previous client I could show the non-recorded / proposed items.?ÿ
@dmyhill - Since the Survey and Title reports are integral parts of each other I concur that it may not need to be addressed directly. It would not hurt to mention it along with a note regarding the Title Co.'s reasoning for removing it.
Forget JoePublic, some government administrators seem to think that their "ownership" of the easement entitles them to use it to bury fiber lines that can be sold to 5G suppliers at a revenue generating stream for the City.....I explained to them that 1) I am not a surveyor(still working on that part) and that 2) from what I have read that an easement is only a granted permission from the land owner to the easement holder,(reader's digest abridged version) and that 3) they may want to reread their easement to make sure they actually can legally plant revenue generating stuff in said easement that didn't exist back in 1957...They were non-plussed and I moved on to better places.
