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Asked by Nanyme, California Thu Sep 13, 2007

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3
Patti Pereyra, , Chicago, IL
Thu Sep 13, 2007
Forgive me if I'm misunderstanding your question, but are you asking how you will know if a property is affected by any easements, encroachments, and/or restrictions?

If so, a plat of survey will show precisely where the property lines are located and whether there are any building restrictions, easements or encroachments affecting your rights. I see you are in California, but In the state of Illinois, the seller of a property is required to provide an updated plat of survey to a buyer in a transaction (cannot be more than 6 months old), unless it is a bank-owned property, in which case, I highly recommend that the buyer purchase a survey.

If a survey reveals any unrecorded easements, the title insurance company will include said easement as a title exception when it issues a commitment, so it will also be in those records.
1 vote
Paul Renton &…, , Atlanta, GA
Fri Sep 14, 2007
Nanyme,

These will prevent you from building or increase your insurance if they effect you dweling. Such as flood plains etc. I ran into this as records were kept with FEMA in Texas and a house in GA had a flood plain restriction. The Home was 45 feet above the area of possible flooding, The rain would have to cause Noah to build an Ark for this to effect the house but the decades old record had it in the flood plain. This was updated once we applied for a change. This is time consuming and inconvienient but worth it in the long run. You are alwys best checking bthis out and knowing exactly where your proprty lines run to avoid or identify ncroachments and to avoid or rmove if possible restrictions.
Web Reference:  http://www.Teamrenton.com
0 votes
Ute Ferdig, Agent, Newcastle, CA
Thu Sep 13, 2007
Recorded easements and restrictions run with the land. That means that they remain in effect until they are removed from the record. Anyone purchasing a property with recorded encumbrances purchases the property with those encumbrances in place. There are also so called prescriptive easements that are created by way of using a portion of a property in a certain way over a period of time. Whether a prescriptive easement has been created depends on the facts of the case. Encroachments are not recorded. One of the most common encroachments is building a fence on the neighbor's property. Many property owners are not aware of the encroachment. Known encroachments are excluded from title insurance coverage as Patti has already stated. Encroachments can be addressed by getting a lotline adjustment or removing the condition that creates the encroachment. Lotline adjustments require the agreement of the property owners, the local entity (e.g., county) in which the property is located and approval of the lenders whose loans are secured by the affected properties.
Web Reference:  http://www.go2kw.com
0 votes
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