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Joseph Meehan
 
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bumtracks wrote:
Been a really long time since sitting in `business law classes that
touched
on real property & land easements. just some thoughts... i dunno;
Might just work with him to plumb it with no easement, no legalese.
then you'll have no restrictions & a friendly neighbor
bank shouldn't care as they generally don't finance the land.

When he sells it someday should the buyer desires an official easement -
that's where you might profit if you want to be greedy.
... Problem with any easement is it can result in undesirable future use
and
problems... like when it leaks or clogs and needs a hole dug.. or some
owner
suddenly putting a driveway right over his easement, a dirt road through
your yard - other neighbor says he can no longer drive across their
property for access to his property because his easement is over there -
court would say `yep, that's the legal right of way. Who cuts and
maintains the grass over his easement


That logic sounds good, but it does not hold up in every jurisdiction.
I once had a 100+ year old home. It had been built in the then back yard of
the home behind me. When built they just ran the sewer under the old home
and connected it to the main.

When a new owner of that house decided to add a garage, the contractor
just broke out my sewer when he put in the foundation. The end result was I
had squatters rights and the owner and his contractor had to foot the bill
for my new sewer line.

It was funny at the time. The contractor came to my door and told me I
could not use any water since it would fill his ditch. He was just going to
cap it off and wanted me to wait until the cement cured before I used any
water. Needless to say I did not agree, neither did the owner who was
rather sorry he had such a fine contractor. The county had no record of my
home let alone the sewer line, so I helped them draw in the new (over 100
year new) property split and where the sewer had gone. As it turned out my
new sewer went out a different direction to a sanitary sewer that was not
even there 100 years ago when they used combined sewers. The work on the
garage stopped after the patched my sewer until the new tap was put in.


"Oscar_Lives" wrote in message
news:1qIad.162869$wV.98925@attbi_s54...
A neighbor is wanting an easement for sewer and water access for a lot he
purchased. Due to our topography, his lot does not have access to city
sewer and water service, and my lot is the only way to feasibly get it.
(City won't approve a septic system for him.)

My question: Should I expect to be paid by him for granting an easement?
I
know that he would be responsible for the cost of running the pipes,
restoring my yard, etc., but it seems that I should also be entitled to
some additional compensation for the trouble.

The way I figure, he is going to have to trench about 300 feet along my
yard to reach the street and utilities. (I have about a 2 acre lot.)

Thanks for the advice.


--
Joseph E. Meehan

26 + 6 = 1 It's Irish Math