Real Estate News

Using title insurance to contest easements

Published: 30 Jan 2017

As a property owner you will have to prepare for infringements on their claims from all sides. Just as a rogue claimant might appear to argue that your ownership is illegitimate, a major company might also challenge your stated boundaries. This is yet another reason to purchase the extra owner's insurance to cover possible expenses from a major encroachment of space.

In a Wall Street Journal article from 2015, the head of the American Land Title Association, Diane Evans, said that title insurance could possibly cover the expenses that come when a utilities company destroys a property's back fence as part of construction. This could give owners an added sense of security, knowing that they have grounds to go up against even companies under some circumstances rather than individuals.

Easements can apply to both large parties like this or individuals bringing up their own issues. The Washington Post outlined some of the different types of easements, including an easement appurtenant.

This reportedly lasts permanently with the title, establishing a stronger way to preserve decisions no matter who acquires the property in the future. An easement appurtenant is distinct from a prescriptive easement, which occurs without the owner's permission.

As the source points out, a key point in an easement is the other party's willingness to keep contending: mutual assent could go a long way toward resolving an issue, potentially leaving you with less complexity, depending on the state laws that apply.

No matter who's filing the easement, you benefit from title insurance, which serves as proof of your claim and offers important protection when challenges arise. It also justifies its worth by applying to areas of the property you may not interact with frequently, especially if you have a large amount of space to take care of.