10.9k views
3 votes
the utility company dug up Andrea Dunham's garden to lay gas lines. The company had an easement, recorded at the county clerk's office. Andrea claimed the easement was invalid because she was never told about it. The easement

1 Answer

2 votes

Final answer:

An easement is a legal right recorded at the county clerk's office, which is considered sufficient notice to property owners. Recorded easements are binding even if subsequent owners, like Andrea, were not personally informed. She should seek legal advice to explore possible remedies.

Step-by-step explanation:

An easement is a legal right to use another's land for a specific purpose, even though they do not own it. In the scenario described, although Andrea Dunham was not personally informed of the easement, the fact that it was recorded at the county clerk's office is typically considered sufficient notice to any subsequent property owner. Generally, recorded easements are binding on future owners, who are deemed to have 'constructive notice' of such easements due to the public recording. It would be important for Andrea to consult with a real estate attorney to understand her rights and any possible remedies.

User Fabio Gomes
by
8.3k points