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10-24-2006, 06:27 PM #1
Renter
- Join Date
- Oct 2006
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- 2
Contract & Right of Way easement - electric company ?
Do I have a chance to get out of a contract if there is a right of way for electric company on a deed or elsewhere. The problem is that it looks like the contract does not prescribe any remedy for this, it looks like we had to research all of it before the contract was approved and it actually states there that the seller only have to disclose any other easements than those available in public records. I asked my agent, sellers agent, seller what do they know about the right of way, it was not helpful, basically they kind of assured me that there are no easements or anything stated on a deed. And I believed. Very unwise to say the least. My agent on the other hand did not offer any research or advise and I missed the point. Obviously if there are electric poles going through the property, there should be a right of way. Now my concern is that let's say in couple years electric company comes and says, o.k., we want to update/upgrade whatever we have here, and bring something else, with stronger voltage or who knows what else.
What can I do in this case ? Is there a way out ?
Thanks!
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10-25-2006, 08:17 AM #2
- Join Date
- Nov 2005
- Location
- Beautiful Central Oregon
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In Oregon you would have a number of days stated in the contract (5 if not filled in) to approve or disapprove of the preliminary title report -which is where the easment would be found.
I am not understanding why you would be concerned with the electric company right of way and easment - do you not want electricty on your property?
Most of the time this easment is because there are electricial lines that run to your home - your electricial lines are connected to others - the only way to remove that right of way or easement is to not have power - I guess the choice is yours.
If you feel this is an encumberance on the property - I would advise you to speak with an attorey sooner rather than later.Thesa Chambers
Specializing in
Central Oregon Real Estate and a Central Oregon Real Estate blog visit this blog for more information on Sunriver or Central Oregon
Principal Broker with Prudential NW Properties
La Pine, Sunriver, Three Rivers South and Bend
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10-29-2006, 07:28 PM #3
Renter
- Join Date
- Oct 2006
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- 2
I am in NY and not aware of approval or disapproval option of preliminary title report. Trying to get in touch with the attorney, which is not easy for some reason (what else is new !). However I mentioned the easement to him initially, and did not get a clear answer, something that he will look into this. Unfortunately to us, these lines are extension to those lines that bring electricity to 'my' house, these lines are cutting through the middle of 'my' property, perpendicular to the road with 'regular' electric lines. Electric company instead of putting the lines to the farm beside 'my' property along the windy road, decided it is cheaper for them to cut straight line through this parcel. That's all.



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