I found out 2 years after buying a house that there is an easement on my property that the title insurance company didnt report, from 1944, from a pipeline company, a lawyer said he has never heard of a title company only going back 40 years, ( which is what they (title comp) said is standard policy?) The easement was recorded at the register of deeds in 1944, now the pipeline company is clear cutting my yard, tearing down an out building I have. They arent doing this after 62 years for nothing, so what if they put a above ground pipe, or a pump station? ( I live on a corner so they might do this ) my question is what amount do I sue the title company for?
I just lost the use of 1/4 of my land, a permanent building, 5 very old mature trees, this kills my property value.
Does this make my mortgage null and void? I had plans to add to my house,Build a pole barn, and build a fence around the yard, I cant do anything now, I never would have bought the place if I knew this, help!
Additional Details
I did have a survey done, it did not list any easements or encroachments. and I bought title insurance and had a title search done to cover myself, ( this isnt my firts purchase ) I fully understand that this is not my land, and what an easment is, my question is, because I bought this property under assumption that I had full use of the land, and this easement was in fact on record at the courthouse, and should have been discovered by the title company, what amount I should seek fron the title company, I talked to them already, they said they cant talk to me and suggested I call an attorney, I did that, and he wants a $ amount to submit.
Had I known about this easement I would NOT have bought this home and property.
as far as buyers doing there own research??( isnt that what I paid the title insurance company to do for me?)
The property is worthless to me now, I dont want it, and will likely lose a bundle trying to sell it now. that the building and trees are gone!
Ineed a $#