An Easement to our property was RECORDED in 1967 for original owners to our land. Upon transfer to new owner the legal language was omitted in the new warranty deed for the new owners. I have put in a claim to my title insurance company to correct, as we cannot obtain financing for our home.

Another problem came up that 2 owners ago, a title company failed to record a power of attorney for one of the parties involved in the transaction. So now there is an issue of the title not being CLEAR.

What outcome can we expect? AND how long will it take to correct?

THanks so much for any insight!

Vana, I noticed your question remained unanswered. You troubles are rather major. I am unclear as to why your attorney did not rectify these issues. Personally, if I were you, I would go back to him/her and ask the attorney to do what is necessary to correct this. If you don't have any faith in your attorney's capabilities, find another R.E. attorney, one that has a good reputation for getting things done, in your area.

OK, the easement, I will assume you own the property, at this point, the warranty deed insurse that they previous owner owns the property and will help pay legal costs if there is a issue with legal ownership of the deed. This is not the case, there is merely an easement on the property, that would still be valid, even if not put on the new deed, since it was valid and merely forgotten. So what you are wanting the title insurance to do, no one has a claim against ownership, merely an easement.
If you have an issue with anyone it would be the company that did the title search when it was omitted, plus any title search done after that.

And why can't you obtain finaancing?? What does an easment effect the deed or ownership, so the easement is added back to the deed, and you make a claim against the title insurance for the cost of the new deed?

As for the title not being clear, you file in court a motion for clear title ( differnet terms in different states) you present all of the information to the judge and he orders the title clear.

All you need is a real estate attorney and as long as all of the needed evidence and material is available, it should take no time to clear.