Reply #6: if the easement was recorded, it should not matter that it was

[ellenfl]

overlooked on the plat/map and the homeowners could make a claim against the title insurance company (who will then probably make a claim against the agent). if there was no other evidence of the easement except what was supposed to be on the plat/map, then they are sol regarding a claim against the title insurance. the title insurer cannot insure against unknown unknowns (to paraphrase rummy). however, if the cvfpv knows of the easement, that would suggest that it should have been a known exception to title. either way, the pool will have to go. they might as well get it done themselves, then make a claim against their title insurance, because the gummint will charge more for the removal, i would bet.

ellen fl