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Should I grant an Easement?
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. |
#2
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"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. Well, Im not a lawyer, but my brother is, and this is the sorta thing we often discuss over a few beers when we visit with each other. Generally, the law provides for him to seek an easment under court order, and lacking other reasonably practical or economical means to get utilities to his place he will likely eventually win. And at that point both of you will have probly have spent a great deal of $$$ on attorney's fees........ My first thought would be to offer to sell him an easment at what you would consider to be the hassle costs on your end of the deal...... Still, even this would best be done with the services of an attorney, as it should properly be included in the respective revised property descriptions and deeds....... So I would suggest you both should work together and come up with a plan, then split attorney costs 50/50--your share coming outa the kitty he is willing to pay for said easement. Dont take my word on this as gospel any more than you would take your dog groomer or butchers thoughts as being the last word..... .....BUT..... If I wanted quality hvac work, my brother certainly aint the guy I would go to and pay to have do it... ======= Or, just go on ahead and let the neighbor do it, this is probly what I would do.......what the hell.......no good deed ever goes unpunished, no ??? -- SVL |
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"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. I agree with "PM", in that you should allow him the easement gratis. As long as he cleans up after himself, of course! Tom Work at your leisure! |
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Oscar_Lives wrote:
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. About the only thing that you should charge him are any costs that YOU may incur as far as deed revision costs and perhaps a refundable deposit to be held in escrow until he completes restoration of your property. -- Robert Allison Rimshot, Inc. Georgetown, TX |
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I'd get an attorney. There might be future problems that you can't
anticipate and a legal contract between you and the neighbor might protect you. What happens if your neighbor moves. Your verbal agreement may not extend to a new owner. It's easier to CYA now then in the future. "Robert Allison" wrote in message ... Oscar_Lives wrote: 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. About the only thing that you should charge him are any costs that YOU may incur as far as deed revision costs and perhaps a refundable deposit to be held in escrow until he completes restoration of your property. -- Robert Allison Rimshot, Inc. Georgetown, TX |
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"Robert Allison" wrote in message ... Oscar_Lives wrote: 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. About the only thing that you should charge him are any costs that YOU may incur as far as deed revision costs and perhaps a refundable deposit to be held in escrow until he completes restoration of your property. -- Robert Allison Rimshot, Inc. Georgetown, TX But be sure that the location of his pipes will not unduly restrict your future use of your property. |
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If you have a mortgage, the mortgage company has got to be told and may not
like the idea. "Ron" wrote in message ... I'd get an attorney. There might be future problems that you can't anticipate and a legal contract between you and the neighbor might protect you. What happens if your neighbor moves. Your verbal agreement may not extend to a new owner. It's easier to CYA now then in the future. "Robert Allison" wrote in message ... Oscar_Lives wrote: 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. About the only thing that you should charge him are any costs that YOU may incur as far as deed revision costs and perhaps a refundable deposit to be held in escrow until he completes restoration of your property. -- Robert Allison Rimshot, Inc. Georgetown, TX |
#8
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this is a karma issue. unless you have a specific reason NOT to grant the
easement, grant it. dont try and profit. let them pay all fees associated with the change, INCLUDING the cost of your lawyer. if you dont, i hope someday it comes back to bite you on the ass and you have an unusable piece of property without laying 10 miles of pipe. and as someone else mentioned, if you have a mortgage, the bank will want to know whats going on. randy "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. |
#9
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Oscar_Lives wrote: 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. How does the neighbor get onto his property? How is it zoned? 300' through your yard? Who maintains or repairs the sewer line if it backs up and floods your yard? Is he going to build an apartment building? Where does his lot drain if he builds on it? How large is his property? If you give him the easement, it likely has value, as it would likely increase the value of his lot. What next? If you grant the easement, it precludes you from using that strip, such as for an addition, structure, etc., I believe. What is with the "topography"? I think I would want an attorney to look at it. |
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Oscar_Lives wrote:
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. Generally I would say yes, but I do have a few suggestions - comments. It may lower your property value slightly. As a buyer, I would rather buy a lot without an easement for reasons noted below. See if you can get an estimate. You may have some restrictions on future activities. For example you may not be allowed to plant trees or build (maybe a shed or garage) over that area. You may have problems in the future if maintenance is needed. This could be a big problem if a access drive has been added over the easement. You will be bothered while they do the work and during the time the landscaping recovers. All that said, I would say you should grant it and expect some sort of compensation for the cost to you now and future. You legal rights may differ from location to location so for an answer to that part, contact a local lawyer. -- Joseph E. Meehan 26 + 6 = 1 It's Irish Math |
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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 "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. |
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On Tue, 12 Oct 2004 03:43:57 GMT, "Oscar_Lives"
wrote: 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. Describe 'feasibly'. (City won't approve a septic system for him.) He should have thought of that...and probably did...when he bought the property. My question: Should I expect to be paid by him for granting an easement? Get an attorney. I wouldn't give him an easement. If I HAD to, I'd sell him the land. You might as well anyway. You won't be able to do anything with it in the future. You certainly won't be able to build or plant over his lines. Get an attorney. 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. Do you want the money? Or do you want peace of mind?...and control of your property? You can't have both. 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. Unless your property completely surrounds his property, this must be at least one other free side where he can bring in the lines. Have him use THAT side. Good luck. Have a nice one... Trent Budweiser: Helping ugly people have sex since 1876! |
#13
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"xrongor" wrote in message ...
this is a karma issue. unless you have a specific reason NOT to grant the easement, grant it. dont try and profit. let them pay all fees associated with the change, INCLUDING the cost of your lawyer. if you dont, i hope someday it comes back to bite you on the ass and you have an unusable piece of property without laying 10 miles of pipe. and as someone else mentioned, if you have a mortgage, the bank will want to know whats going on. randy "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. This depends entirely on things we don't know. Where on the property will the easement go? Does it in any way diminish the use of the property, ie would it prevent you from putting up a future garage, addition, landscaping, trees, etc? Keep in mind that the easement has to be accessable for future repair/replacement if necessary. That means the area close to the easement isn't the best place for specimen trees, etc. The way I look at it, there is a range of possible fair solutions. At one end, if you know the guy, like him and the impact to your property is minimal, then I'd do it with him paying all the legal and associated costs. At the other, if he bought the property cheap because it has no access, you don't know him, and the impact will reduce the utility of your land, I'd want him to pay the legal fees plus compensate me a decent amount. |
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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 |
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According to Oscar_Lives :
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.) Not to belabor the points of the other posters too much, but to bring them together... A lot depends on individual details. Like, where is the trench going to have to go? Can it be routed just inside your property line etc? Is it going to interfere with your potential plans? The "Neighborhood Karma" factor is _really_ important too. If it were me, I'd ask to see exactly where it'd go, and then consult with township staff and possibly with a value assessor to see what your options are, how much it might impact your property value etc. Ultimately leading to a contract between you and your neighbor making him pay all costs (construction, legal, whatever), including future repairs, with the non-performance penalty being disconnection. Unless it was going to do something drastic to property values, "Neighborhood Karma" suggests that you only ask for $1 compensation over and above costs to make the contract binding. -- Chris Lewis, Una confibula non set est It's not just anyone who gets a Starship Cruiser class named after them. |
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On Tue, 12 Oct 2004 03:43:57 GMT, "Oscar_Lives"
wrote: A neighbor is wanting an easement for sewer and water access for a lot he purchased. Due to our topography, his lot does not have access to city sewer and water service, and my lot is the only way to feasibly get it. (City won't approve a septic system for him.) My question: Should I expect to be paid by him for granting an easement? I know that he would be responsible for the cost of running the pipes, restoring my yard, etc., but it seems that I should also be entitled to some additional compensation for the trouble. The way I figure, he is going to have to trench about 300 feet along my yard to reach the street and utilities. (I have about a 2 acre lot.) Thanks for the advice. An easement is never a good thing when it is on YOUR property. |
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"Oscar_Lives" wrote in message news:1qIad.162869$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. I would be getting a hold of an attorney. Easements are forever. The utilities get them cause of public good. Private well I do not know. Your state should have some guide lines and what ever you pay the attorney is money spent for piece of mind. You need to worry about the effect of the easement when you sell the place. Then go sit down and be an informed gentleman. --- Outgoing mail is certified Virus Free. Checked by AVG anti-virus system (http://www.grisoft.com). Version: 6.0.775 / Virus Database: 522 - Release Date: 10/8/2004 |
#18
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The advice you will get in this forum is hardly reliable. No one knows
the credentials of the posters, and from what I have read, many are misinformed. I would suspect that, if it went to litigation, your neighbor would be likely to win, but you would both run up very substantial legal fees, and all you would receive would be the amount by which your property value will be lessened by the easement, and you would have to hire expert witnesses to establish that. However, this type of law varies from state to state, and no one here even knows where you live. My suggestion would be that you see a local lawyer and let him cut the deal for you. He will know what costs will be involved (you will almost certainly need a new survey and some legal documents filed), and you and he can discuss whether your property value will be diminished, and by how much. Then have him cut a deal that includes the neighbor paying all costs, including your attorney's fees. Oscar_Lives wrote: 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. -- SPAMBLOCK NOTICE! To reply to me, delete the h from apkh.net, if it is there. |
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Since it will lower the value of your property, I would set something up
where he has to pay you a yearly fee for the use of your property. This should counteract the drop in your property value. Also easements are *not* 5 ft. wide! They are more likely 25 ft. wide even though only a small portion is used. The entire width of the easment must be accessable to equipment to maintain the pipeline at all times. Thus you can't build any buildings, etc. on any portion of the easement! I would place the easement on the edge of your property. Also find out what electric utilities pay land owners yearly to run lines through their property. |
#21
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Be a good neighbor...you may be the one in need next time...
"Oscar_Lives" wrote in message news:1qIad.162869$wV.98925@attbi_s54... A neighbor is wanting an easement for sewer and water access for a lot he purchased. Due to our topography, his lot does not have access to city sewer and water service, and my lot is the only way to feasibly get it. (City won't approve a septic system for him.) My question: Should I expect to be paid by him for granting an easement? I know that he would be responsible for the cost of running the pipes, restoring my yard, etc., but it seems that I should also be entitled to some additional compensation for the trouble. The way I figure, he is going to have to trench about 300 feet along my yard to reach the street and utilities. (I have about a 2 acre lot.) Thanks for the advice. |
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And what if you want to plant a tree or two? or place a driveway to a "new
garage" in the back. And years down the road, the roots damage the sewer pipe, and you'll be in court to see who is going to pay roto-rooter guy or replace pipes. Plan on never expanding onto the land which has the sewer and water. Because someone will eventually complain about the inconvenience. In my neighborhood, the lots are about 50ft.wide. Houses are 10 ft apart. As in my case, both the neighbors have their driveways on opposite sides of the house from me. That leaves me without driveway access to the back yard. A few doors down, the same problem applies to another. He worked with person next to him and was able to get a concrete driveway laid that goes right up against both houses. Sure hope he doesn't make a drive thru of the house!!Now the neighbor moves out, and the other dies from cancer. Houses are sold off. Unfortunately, couldn't tell you how well the new owners feel about the drive now. Else, sell the property he needs at a fair market value. Luck, Brian "Oscar_Lives" wrote in message news:1qIad.162869$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. |
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Oscar_Lives wrote:
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. Hi, I am just wondering what kind of municipal government is doing that kind of planning? Tony |
#24
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Phisherman wrote in message . ..
On Tue, 12 Oct 2004 03:43:57 GMT, "Oscar_Lives" wrote: 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. An easement is never a good thing when it is on YOUR property. Agree. Grant an easement for say a waterline through your property, you are stuck with it. If he needs to dig up the line he can do it at any time without consulting with you. Harry K |
#25
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By "neighbor" you mean someone who already lives rather close to you?
Because he obviously doesn't live on this lot just purchased. If he is already in the neighborhood, then he certainly knew, or should have known, well before his purchase that water and sewer are a problem for this lot. All of which makes me wonder if he grabbed the lot at a very low price, thinking he could talk you into this easement, thereby greatly enhancing his purchase. There's no question he will greatly benefit from the easement; I guess I would want a piece of that benefit, particularly if he is building a house on the new property with the intention of reselling it. "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. |
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Being a homeowner that has had to do with easement issues in the past,
my very strong advice is not to grant an easement, for any reason, whether you are compensated or not. I can't emphasize this strongly enough. Anything that reduces your sovereignty over the property you purchased is just asking for trouble in unexpected and unforeseen ways. So, draw up a contract whe 1. There is a specific start and end date for the work. 2. Specify a per diem charge of XX dollars (100 is usually pretty good incentive) for each day the work extends past the end date, payable in full to you, by the homeowner, at the finish of work. 3. You will be made whole for any damage the work does to your property. Specify that the quality of work must leave the land in the same condition that before the work was begun. 4. You are not responsible for any costs arising from Item 3 above in the case where the land was left in 'better than original' condition. |
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ADC wrote: Be a good neighbor...you may be the one in need next time... Being a good neighbor is not the same as being a sucker. I would be very reluctant to give up, permanently, any right to property that I own. If the owner of the other property is a speculator (which I've had unhappy experience with), he has no concern with detriment to the neighborhood or residents. He will make his money and run. |
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In article , PrecisionMachinisT says...
"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. Well, Im not a lawyer, but my brother is, and this is the sorta thing we often discuss over a few beers when we visit with each other. Generally, the law provides for him to seek an easment under court order, and lacking other reasonably practical or economical means to get utilities to his place he will likely eventually win. Curious, though - - apparently he *bought* property which would make it necessary to run lines through others' property in order to build on it. Legally, how much weight would that self-imposed fait accompli have? Banty |
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Banty wrote:
In article , PrecisionMachinisT says... "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. Well, Im not a lawyer, but my brother is, and this is the sorta thing we often discuss over a few beers when we visit with each other. Generally, the law provides for him to seek an easment under court order, and lacking other reasonably practical or economical means to get utilities to his place he will likely eventually win. Curious, though - - apparently he *bought* property which would make it necessary to run lines through others' property in order to build on it. Legally, how much weight would that self-imposed fait accompli have? Banty A couple of other thoughts: Because the property could not have the services required for building a house, he got it at a steal. Now he gets an easement from a neighbor for those services. This increases the value of the property considerably. He can then just sell the property at its now increased value, pocketing a nice profit, or build a POS basic house on spec and realize a greater profit. He may never intend to be a neighbor at all. |
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IMNBHO, yes, you "should" grant an easement and yes, you "should" get paid
for it. The easement should be REAL clear as to who is responsible for this sewer line and that if trees planted subsequently grow into it, or driveway or future construction causes problems with it, it is HIS problem, not yours. How much? well he pays all legal to draw up easement agreement. and gives you the going rate per square foot for unimproved land in your area - which he knows since he just bought some. ______________________ Claudia Totus Tuus From: "Oscar_Lives" 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. |
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On Tue, 12 Oct 2004 03:43:57 GMT, "Oscar_Lives"
wrote: 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. Others have addressed the easement proper. I would be concerned about possible liability for anyone on your property; the neighbor, inspectors, construction workers, meter readers, etc. Both during the initial construction and subsequent repairs. I would not be content with anything less than a liability policy that names you as an additional insured. It would really suck to lose your home in a lawsuit because you helped someone out. |
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Abe wrote in message . ..
Being a homeowner that has had to do with easement issues in the past, my very strong advice is not to grant an easement, for any reason, whether you are compensated or not. I can't emphasize this strongly enough. Anything that reduces your sovereignty over the property you purchased is just asking for trouble in unexpected and unforeseen ways. So, draw up a contract whe 1. There is a specific start and end date for the work. 2. Specify a per diem charge of XX dollars (100 is usually pretty good incentive) for each day the work extends past the end date, payable in full to you, by the homeowner, at the finish of work. 3. You will be made whole for any damage the work does to your property. Specify that the quality of work must leave the land in the same condition that before the work was begun. 4. You are not responsible for any costs arising from Item 3 above in the case where the land was left in 'better than original' condition. You know what I find interesting about this and similar threads? Someone asks an open ended question, giving hardly any info to base advice on and then disappears. There are probably 20 posts here so far, with all kinds of good questions raised and only the original was from the person who started the whole thing and presumably has the most interest. |
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"Chet Hayes" wrote in message om... Abe wrote in message . .. Being a homeowner that has had to do with easement issues in the past, my very strong advice is not to grant an easement, for any reason, whether you are compensated or not. I can't emphasize this strongly enough. Anything that reduces your sovereignty over the property you purchased is just asking for trouble in unexpected and unforeseen ways. So, draw up a contract whe 1. There is a specific start and end date for the work. 2. Specify a per diem charge of XX dollars (100 is usually pretty good incentive) for each day the work extends past the end date, payable in full to you, by the homeowner, at the finish of work. 3. You will be made whole for any damage the work does to your property. Specify that the quality of work must leave the land in the same condition that before the work was begun. 4. You are not responsible for any costs arising from Item 3 above in the case where the land was left in 'better than original' condition. You know what I find interesting about this and similar threads? Someone asks an open ended question, giving hardly any info to base advice on and then disappears. There are probably 20 posts here so far, with all kinds of good questions raised and only the original was from the person who started the whole thing and presumably has the most interest. Thanks for all the advice and comments. Here's some more detail: The guy who bought the lot with no access lives across town. I have no idea if he is a spec developer, wants to build his personal dream house for retirement, wants to put in a subdivision, or if he wants to build a Muslim church and pre-school. The lot is on a street that also serves as the boundary for the city limits. The area was annexed approximately 15 years ago, and there are few houses on the street. The newest house there is about 10 years old, and the city has spent millions of dollars upgrading the sewer system and probably passed some ordinances to require all new construction homes in the city limits to be hooked up to the sewer system so they can get more money to help pay it off. Older houses are probably grandfathered for their sewer lagoons and septic tanks. I live in a very hilly part of the world, and the lot that has no access is lower in elevation than mine by probably at least 40 feet. Yes, there is probably another route or two that the sewer lines and water could be run, but it would be a whole lot longer run than to just come through my lot. There would be about six other landowners the other ways to get it here. Yes, I agree the guy was a supreme idiot if he bought the lot without knowing there was no sewer access. The lot has been for sale since Moses, so I would imagine he got it for not much money. My thoughts exactly that if the easement benefits his lot greatly, then I should also benefit. I already have an easement across the back of my yard that a previous owner granted 10 years ago when a fool built a house three lots down before he found out there was no sewer service. This easement is for a 4" sewer force sewer line for one house. I wouldn't know it was there except for the two cleanout plugs my mower busted off because I cut it short this summer. Looking at my abstract, it appears that it took about 5 years in court to finally get a court order to force the previous owner of my house to allow the easement. No money changed hands that I can see in the legal documentation. The new proposed easement likely would also include running along my side yard to get to the water main on the street. This would be much longer and more worrisome than another 4" line running across the back yard next to the existing one. I don't feel like I should screw the guy, but I also don't feel like I should be used for his huge financial gain. Right now, it is all talk and no agreements nor any contracts nor any formalities have been presented to me. I don't know for sure what they are wanting or if/what they are willing to do to get it. He did admit that he has had a well-know attorney/land developer who is also the city's mayor working on his issues. I doubt that I could find a more powerful or effective attorney than the one this guy has, so I figure I am ****ed. Anyway, that is about all I know and some more detail. Thanks for all the thoughts, advice, and comments. You folks gave me some things to think about that never crossed my mind. |
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Quickly, hire HIS really good, politically-connected lawyer for something
stupid, minor, and cheap. Then he can't use that lawyer against you! |
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