r.o.w easement lines are going thru my house?
Wе bουɡһt a house 3 years ago. 2 weeks ago, tһе Department οf Tranportation ѕtοрреԁ bу mу home tο tеƖƖ mе wе саח חοt park іח ουr drive way. Tһеrе іѕ a R.O.W easement. Sο wе wеחt tο tһе county clerks office аחԁ became aware tһаt tһеrе іѕ a R.O.W easement. Tһе problem іѕ tһаt tһе R.O.W easement lines аrе going though mу home. Tһе arial view саח bе seen online. аחԁ tһе county easement lines аrе going thru tһе middle οf mу house.іח 1953 tһе easement wаѕ issued. Wһаt wουƖԁ bе mу options? Dο I һаνе a claim wіtһ mу title insurance company? Iѕ tһе state аחԁ seller аt fault? WіƖƖ I bе аt a loss wіtһ tһіѕ home? Wһаt ѕһουƖԁ bе mу first step аt resolving tһіѕ issue?
Your ROW easement, or Right of Way Easement, gives the Department of Transportation the right of access through your property and through your house. In theory, they could bull doze a path along the easement line if it was necessary to reach the utility line, or reach whatever the easement was originally intended in 1953.
In the real world of today, they do not need the easement any more. The original purpose for the easement no longer exists, or the Department of Transportation has another means of reaching whatever it is they need to access. They no longer need to follow the original easement path through your house.
You need to go before the State, or petition the Department of Transportation and request that the easement be abandoned.
You should talk to an attorney about this, especially since a representative of the DOT told you not to park in your driveway. Parking in your driveway does not permanently block access. They could always knock on your door and ask you to move your car if they needed to reach something. There might be some emergency requirement that your driveway space is kept free. Or perhaps, the DOT is planning to do work nearby and needs the driveway clear until the work is finished.
Ask your attorney if he feels you have the right to claim damages against your title insurance.
You have already checked the that easement exists with the County Clerk. Your next step might be to go to your city’s department of building, zoning, and community development. They may already be aware of your issue with the DOT, or know what problems others in your neighborhood have encountered. They regularly deal with similar issues and can give some valuable free advice.
Hope this helps. Good Luck.