My question involves real estate located in the State of: Texas
I purchased a property in 1999. After the sale, but before registering, the seller inserted language at the bottom deed reserving an easement for vehicular access to the adjoining property (the adjoining property is not land locked and faces the same street as my property). This easement encompasses the entire rear thirteen feet of my property. The seller then registered the deed.
This easement was not discovered until this year by the title company handling a pending sale. The easement was not recorded in any of the closing paperwork and there is no mention of it in the sales contract, title commitment or title policy. The title company has accepted liability, but they are stating that their resolution is to make a diminished use settlement. The problem with this is that the pending buyer will not purchase the property with the easement.
I would like to invalidate the easement. Mr. Knowitall had an interesting argument in a thread awhile back regarding the closing occurring before the easement had been filed. The difference here is that it was the document transferring ownership that contained the easement. In Texas, the buyer is not required to sign the deed, so we were completely blind to this occurrence. The original seller is now deceased and the property is owned by a new party.
Other than the fraud claim, what other claims might work here to invalidate the easement so we can complete this sale? Thanks!
I purchased a property in 1999. After the sale, but before registering, the seller inserted language at the bottom deed reserving an easement for vehicular access to the adjoining property (the adjoining property is not land locked and faces the same street as my property). This easement encompasses the entire rear thirteen feet of my property. The seller then registered the deed.
This easement was not discovered until this year by the title company handling a pending sale. The easement was not recorded in any of the closing paperwork and there is no mention of it in the sales contract, title commitment or title policy. The title company has accepted liability, but they are stating that their resolution is to make a diminished use settlement. The problem with this is that the pending buyer will not purchase the property with the easement.
I would like to invalidate the easement. Mr. Knowitall had an interesting argument in a thread awhile back regarding the closing occurring before the easement had been filed. The difference here is that it was the document transferring ownership that contained the easement. In Texas, the buyer is not required to sign the deed, so we were completely blind to this occurrence. The original seller is now deceased and the property is owned by a new party.
Other than the fraud claim, what other claims might work here to invalidate the easement so we can complete this sale? Thanks!
Creation: Easement Placed in Deed After Sale Without Knowledge
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