Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Site Notices
Posted: 10/19/2016 9:10:23 PM EDT
I live just outside of city limits and the properties around me are all on multiple acres.  I have a neighbor behind me that wants to install a water line back to his house (they are on well water now).  According to my survey there is a 20' lateral line easement that runs to the north of my property, it is solely on my neighbors property though.  Currently there is a gas line in this easement that serve several houses behind me and the neighbor to the north.  There is also a water line in this easement that goes to a neighbor directly behind me.  



My neighbor to the north (easement is fully on his property) has told them they can't put the water line on his property.  He is willing to sue if they do.  His land is very rough and his reasoning is that he doesn't want his land torn up.  Now they want to dig on the south side of my property where there is a 15' access easement that is basically a road that serves as a private drive to these properties that are behind me.  My concern is I have a fairly nice yard and they would also have to cross my driveway.  I want to help my neighbors out, but I think their line should be in the easement to the north as originally planned.  




Would this have to go to court to use the south easement?  Can they just start digging and say screw you to the jerk neighbor?
Link Posted: 10/19/2016 9:23:02 PM EDT
[#1]
We need more info (actual language of the easements) before we can comment.
Link Posted: 10/19/2016 9:23:42 PM EDT
[#2]
Just remember that if you ever want to build or improve that section of your property, you're basically screwed.

Is the property to the north actually recorded as a utility easement? If it is, I don't think that neighbor has a legal right to deny access if the water department agrees to provide water service, he does have the right to have the property restored to ''as before'' condition or as close as reasonablypossible. Could the install be done with a bore shot [directional boring] and minimise any landscape damage?
Link Posted: 10/19/2016 9:25:21 PM EDT
[#3]
Well from my understanding the easement means utilities can run what ever they want to on them. And I guess I sort of work for a utility working for a cable/inet/phone provider so I have had these questions. Easement means you may own the land yet you cannot deny a utility from using it. From what you are stating it would have to go to court with all the property lines and easements and all that fun shit. He would lose if all the stuff says the easement is on his property.
Link Posted: 10/19/2016 10:13:47 PM EDT
[#4]
My survey of my property calls it a "20' lateral line esmt."  I don't know where to find what type of easement is actually is, maybe go to the county and see?  



Another neighbor is the one who will be digging the line and it will be about 600 feet of trench across jerk neighbors  property.  So the utility will only be setting the meter at the road.  They came out to bore for the meter today and the jerk neighbor told them they couldn't so the water company left.  




Now neighbor who wants county water is tying to figure out what to do.  
Link Posted: 10/19/2016 10:13:55 PM EDT
[#5]
Well from my understanding the easement means utilities can run what ever they want to on them.
View Quote


It all depends on what the easement says.  Your neighbor who has an access easement though your property doesn't have the right to build a pipeline on that easement.  A water utility might not (or might) have the right to install an electrical line on that easement.

There was a case some years back where a railroad had an easement across some private land.  The RR was approached by a telco about leasing space to put in a comm line, RR said OK (and would pocket the lease money).  Landowner said wait a minute, that easement is ONLY for a rail line.  Telco had to negotiate a new easement and pay rental fees to both the RR and the landowner to put in their comm line.
Link Posted: 10/19/2016 10:15:02 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
My survey of my property calls it a "20' lateral line esmt."  I don't know where to find what type of easement is actually is, maybe go to the county and see?  

Another neighbor is the one who will be digging the line and it will be about 600 feet of trench across jerk neighbors  property.  So the utility will only be setting the meter at the road.  They came out to bore for the meter today and the jerk neighbor told them they couldn't so the water company left.  


Now neighbor who wants county water is tying to figure out what to do.  
View Quote


That easement is most assuredly recorded at the courthouse.  Go on down there and ask the nice ladies behind the counter to help you find it.
Link Posted: 10/19/2016 10:29:15 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


It all depends on what the easement says.  Your neighbor who has an access easement though your property doesn't have the right to build a pipeline on that easement.  A water utility might not (or might) have the right to install an electrical line on that easement.

There was a case some years back where a railroad had an easement across some private land.  The RR was approached by a telco about leasing space to put in a comm line, RR said OK (and would pocket the lease money).  Landowner said wait a minute, that easement is ONLY for a rail line.  Telco had to negotiate a new easement and pay rental fees to both the RR and the landowner to put in their comm line.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Well from my understanding the easement means utilities can run what ever they want to on them.


It all depends on what the easement says.  Your neighbor who has an access easement though your property doesn't have the right to build a pipeline on that easement.  A water utility might not (or might) have the right to install an electrical line on that easement.

There was a case some years back where a railroad had an easement across some private land.  The RR was approached by a telco about leasing space to put in a comm line, RR said OK (and would pocket the lease money).  Landowner said wait a minute, that easement is ONLY for a rail line.  Telco had to negotiate a new easement and pay rental fees to both the RR and the landowner to put in their comm line.

RR is different than that a Utility easement. From what OP said 20' easement for utilities and if that is how it is all all the records then that asshole saying now you can't do shit would lose in court. Need the actual easement documents to really see who is right. Which would be on record in the county. For what I do for work had one lady call in and say she would hold anyone that came on her property at gun point because she didn't believe the easement laws that said we have access to the easement part of her property.  Last I heard cops came out and told her she has nothing to stand on because it was easement per utilities and thus me crews can be on that part of her property.
Link Posted: 10/21/2016 11:10:25 AM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Now neighbor who wants county water is tying to figure out what to do.
View Quote

The water company should know where its easements are since they have to maintain the lines.

Neighbor could also have a title search done of his property and the surrounding properties to see what utility easements are in place to service his property.
Link Posted: 10/22/2016 12:00:45 AM EDT
[#9]

Discussion ForumsJump to Quoted PostQuote History
Quoted:





The water company should know where its easements are since they have to maintain the lines.



Neighbor could also have a title search done of his property and the surrounding properties to see what utility easements are in place to service his property.

View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:



Quoted:

Now neighbor who wants county water is tying to figure out what to do.


The water company should know where its easements are since they have to maintain the lines.



Neighbor could also have a title search done of his property and the surrounding properties to see what utility easements are in place to service his property.

Turns out there is a 15' utility easement on that side.  However it's not worth the hassle of dealing with the guy.  I told them they could install it on the south side of my property in what is titled an access easement.  It will be a little more work but they don't want to fight with the jerk.  We're all in agreement that we won't do the guy any favors.  
Link Posted: 10/22/2016 12:10:14 AM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Turns out there is a 15' utility easement on that side.  However it's not worth the hassle of dealing with the guy.  I told them they could install it on the south side of my property in what is titled an access easement.  It will be a little more work but they don't want to fight with the jerk.  We're all in agreement that we won't do the guy any favors.  
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Now neighbor who wants county water is tying to figure out what to do.

The water company should know where its easements are since they have to maintain the lines.

Neighbor could also have a title search done of his property and the surrounding properties to see what utility easements are in place to service his property.
Turns out there is a 15' utility easement on that side.  However it's not worth the hassle of dealing with the guy.  I told them they could install it on the south side of my property in what is titled an access easement.  It will be a little more work but they don't want to fight with the jerk.  We're all in agreement that we won't do the guy any favors.  

You and your neighbor should look into having a title attorney draw up a deed change so that easement is for access and the water line, so 50 years from now there's no neighbor war over it.
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top