Title insurance policies usually only list the easily found easements in the public domain. That's why they give disclaimers in their small print about easements that might exist that they did not find. I find title insurance to be kind of a joke.
I've worked as a records researcher for years so I know how to dig up the easy and hard-to-find records (I've done it for several law offices).
In regard to THIS easement - it was filed in the County Clerks office under the name of the property owner (party of the first part) and the name of the Town that got the easement (party of the second part). It was a 10 minute job to find it at the County records office.
It's just poorly written, i.e. kid of vague.
It states: "easement will extend a distance of 50 feet easterly from the Town road."
Problem with that is - I own to the center of the town road. The road is 30 feet wide. Where do you measure the 50 feet from? Shoulder of the road? Center of the road? Edge of the driven path? Total claimed road width as claimed in the County road inventory during 1982?
The other thing that lacks clarity is this:
"The town has received a permit from the Department of Conservation of the State of New York permitting the change of course of the aforesaid creek and WILL comply with all the rules and regulations of the State of New York in changing said course."
So I ask - what ARE those rules and regulations that the Town had and has to follow? I have not been able for find out from the same agency that gave the permit.
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