Line of sight easement
On Dec. 15, 2007 I signed a contract with a home builder. The sales person sold the house to me based on the large lot which I really liked. The sales person knew I wanted to fence the yard all the way to the site line and I requested for her to let me know if I needed to know of anything to be done to or on the lot etc.
Nothing - So I signed. Today a month after I receive an email from the sales person telling me there is a VDOT line of sight easement on this lot and this was not on the site plan/plat given to the builders engineer. We are talking about 2/3 of the lot I wont be able to fence, giving me only 1/3. Not what I bought the property based on. Can I fight this? The home is still under construction. Thanks. MP
Re: Line of sight easement
Further research into this matter impels me to amend my previous answer that you appear to be without a remedy
in light of the Virginia Supreme Court's decision entitled Haisfield v. Lape (Record No. 012881 issued 11/01/02)from which is excerpted the following:
"The line-of-sight easement in this case is clearly an encumbrance upon the property restricting its use in such a manner as to render the title unmarketable. The existence of the easement is not an open, visible, physical encumbrance of the property that might have been considered in the establishment of a purchase price."
While the facts of this case undoubtedly differ from those of yours, each would appear to share broadly similar issues which would merit further investigation of your claim to a remedy for your particular situation.
I would therefore recommend that you arrange for a consultation with an attorney who is knowledgeable and experienced in real property and land use matters in the area where this property is located. (And bring the Court's full opinion of this case with you in case the lawyer doesn't happen to have it at hand.)
Re: Line of sight easement
Further research into this matter impels me to amend my previous answer that you appear to be without a remedy
in light of the Virginia Supreme Court's decision entitled Haisfield v. Lape (Record No. 012881 issued 11/01/02)from which is excerpted the following:
"The line-of-sight easement in this case is clearly an encumbrance upon the property restricting its use in such a manner as to render the title unmarketable. The existence of the easement is not an open, visible, physical encumbrance of the property that might have been considered in the establishment of a purchase price."
While the facts of this case undoubtedly differ from those of yours, each would appear to share broadly similar issues which would merit further investigation of your claim to a remedy for your particular situation.
I would therefore recommend that you arrange for a consultation with an attorney who is knowledgeable and experienced in real property and land use matters in the area where this property is located. (And bring the Court's full opinion of this case with you in case the lawyer doesn't happen to have it at hand.)
