If my neighbor's deed states that they have an easement on my property but my deed doesn't state any such easement is the easement legal and binding?

Answer 1

The only way to determine if the easement is a burden to your property is to have an attorney examine the titles to both premises to confirm the origin of the easement. If the easement is not mentioned in your deed that doesn't mean it doesn't exist. That is the reason to have the title to property examined by a professional prior to purchase. A comprehensive title examination would disclose any outstanding encumbrances including easements.

You should call the attorney who represented you at the time of your purchase and ask that the title examination be reviewed for evidence of the easement. You should send a copy of your neighbor's deed for reference.