Don, but what you are saying is that in your area the bank who gives the loan for the house should have picked this up since they review the deed of the house before giving out the loan?
The title insurance would have noted the easement on the policy, but I am not sure if they would have checked to make sure that the terms of the easement were complied with. As long as the easement was recorded against the property the only one at fault here is the owner if he built within the easement. Don
