Perpetual easement - Rock Stream NY

i was about to close on a property in rock stream,ny until my attorney noted

the property was encumbered by a Perpetual Easement from a prominent gas/oil company.

it is a property i planned to live on not develop

the easemant allows for a road to be cut through,across the property at no specified location

and at no specific future date-----my guess soon as owners bailed quickly-

the road norm is 75 feet wide which i still own need to insure and pay taxes on

with only 360 foot of frontage this would be a disaster to live next to.

the lawyers are trying to get a release from the gas company i hold little hope

they paid for it and need it to get to a gas lease on a landlocked piece behind my property and several others- i do not blame them

has anyone had experience with cancelling a signed real estate contract with

such an undisclosed impediment-i.e., title defect?

thanks matt

Dear Matt,

Not a title defect since it was placed of public record.
Hopefully, the contract provides for examination of and acceptance of title with no burdens.

The best solution if the gas company does not want to release the easement is to ask them to define the easement and have it run on the border of the property. With landscaping, maybe it will not be too bad.

Otherwise, the seller might be able to require specific performance.

hhanks Buddy you are 100% right since it was on public record
the seller could have sued for specific performance my attorney said

the seller deemed it too expensive to sue and property could not be sold during legal

I signed a release and property on

Sadly -the seller did not know of easement not caught by his attorney-tyey were in shock!

property on 13.7 acres narrow at road front road would be a burden
dont blame the gas company they paid for easement —just sorry
such a nice property ruined

the property is in a small finger lakes community rock stream(five wineries in town)

my next contract will say " acceptance of title with no burdens"

thanks for the advice Matt