The Land in multiple phases
Donna represents a commercial developer, RP Contractors (RP), which is buying 120 acres of undeveloped land to build a shopping center. RP will develop the land in multiple phases, beginning with the eastern 50 acres. RP informs Donna that about a year ago the seller of the property granted an easement along the West boundary of the property to the county water department.
RP tells her that the easement should be 20 feet in wet, but RP does not know the exact location.
RP wants Donna to do a title search and issue a title opinion as part of his purchase. Instead, Donna gets RP’s approval to order title insurance. She engages quick title insurance Inc, a local company with whom she and her firm have no affiliation. When Donna receives the title commitment prior to closing, she reviews it and notices that it does not mention any easement to the County Water Department.
- What action, if any, should Donna take at the present time
