What can be done if an easement isn’t disclosed?

What can be done if an easement isn't disclosed? Q:In August 2007, we bought our first house. More than a year later, our local gas company showed up on our property to inform us that a gas pipeline runs through our property and that they have an easement going back to 1968. They told us they will cut down the trees on their easement area and will not restore our landscaping. We went to court, but our case was dismissed. In November, the gas company showed up with heavy machines and equipment, and approximately 30 trees about 20 to 30 years old were cut, destroying our landscaping. If we had been told on the disclosure that there were interstate pipelines present and that we could not use 90 percent of the backyard the way we wanted, we never would have signed that contract.

Where we can go for help? Is there any law that can protect us? -- Tanya

Answer: Some states require that home sellers disclose a number of things, including whether there are any easements on the property. You may have a case against your seller, but an attorney would have to advise you on the status of your specific state's laws.

When you went to settlement, did you obtain an owner's title-insurance policy? If so, you should read that policy very carefully to determine whether the easement was disclosed. In addition to a possible remedy against the seller, I see two other possibilities.

First, if the title policy did not disclose the existence of the pipeline easement (which should be a matter of public record), you have a possible claim against the title-insurance company.

On the other hand, if the policy specifically lists the easement, then you have a possible claim against the company (or attorney) who conducted the settlement. That information should have been disclosed to you before -- or at the very least -- at closing.

Finally, the utility is regulated by some state regulatory agency. You may not be able to restore the trees, but you may be able to get the agency to assist in getting the utility company to restore your backyard and to determine if the actions of the company have affected your water drainage.

Q:My father is one of 11 family members who are heirs to a piece of property (raw land) that has been in our family for years.

Title is currently held in the estate of our long-departed relative, and taxes have been paid annually.

As the years go by, and as these heirs pass on, more and more surviving family members will come into this complex family ownership, so my brothers and I would like to purchase the property before the 11 heirs become 20 or 30.

We have approached our relatives, most of whom we have never met, and are offering to buy out their interest based on a similar sale in the recent past.

Several quickly accepted our offer, but others are more reluctant.

My question is: What happens if we eventually get, say, 10 "yeas," but there is one lone holdout?

-- Rex

Answer: However you do it, you should resolve the matter before there are more heirs involved.

You indicate that the property is currently held in the estate of one of the relatives. Is there a personal representative (called PR or administrator) of the estate? Have you reviewed the last will and testament of the deceased?

I believe that the PR should have the authority to sell the property for the best and highest price. If you and your brothers want to buy, get a current appraisal and make an offer to the personal representative.

Ultimately, if some heirs remain holdouts -- and the personal representative is unwilling to sell -- you may have to file a lawsuit called a partition suit. I suggest that you and your brothers retain local counsel who understands real estate and probate law.

Benny L. Kass is a practicing attorney in Washington. Questions for this column can be submitted to .