- Jurisdiction
- Virginia
We purchased land in Feb 2021. We chose a closing company and they did a title search. They told us that everything looked good and that we could close on the property. (to me that means that nothing was wrong with the property). After we started construction, one of the neighbors informed our contractor there were several major Right of Ways through our property and that wherever we put our driveway, the neighboring lodge and guests can use it. The neighboring lodge provided us with the plat of their property which showed the ROW onto our property. I confronted the title company about the newly discovered information and demanded that they send me the title search results. (They were NOT provided to us before or at closing.) The title company said that they couldnt locate our plat at the court house. (Which was a lie because my husband went and found it once we realized we were having issues with the ROW). The title company advised that I get a lawyer and they would no longer answer my questions. The ROW's were noted in their title search paperwork in the exceptions sheet. Can I sue them for not disclosing that information to us prior to closing? We likely would not have purchased this lot or would have negotiated a much lower price. We have cameras on the property and have had a number of people using our driveway.