Can an access easement that predates the plat still kill an assignment at the title stage
This is the exact situation I'm trying to map out before I lock up anything else. I have a 22-acre raw parcel under consideration in Hill County, Texas, and the title commitment on a comparable deal nearby came back with a pre-plat access easement from 1952 that ran across the back third of the acreage. The end buyer's counsel flagged it and the assignment died two weeks before close.
What I can't figure out is whether that kind of easement, recorded before the county plat even existed, shows up in a standard 40-year title search or whether it requires a full abstract going back to the original grant. The title company on that nearby deal was running a 40-year search and apparently missed it until underwriting caught it.
My parcel has a similar vintage in terms of when the surrounding land was first subdivided, early 1940s, and the seller bought it in 2003 so his knowledge of anything before that is basically zero. The access road on the western boundary looks worn in the satellite imagery but there's no recorded easement I can see in the county records I pulled myself, which probably means nothing given what happened on the comparable.
The assignment fee I'm working toward is around $14,000 and I don't want to be three weeks from close when this surfaces. Has anyone pushed a title company to run a full abstract on a raw parcel at the contract stage, and what did that actually cost you, because the quotes I'm getting range from $400 to over $1,100 and I don't know what's driving that spread.