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LegalGround Forum >> Right-Of-Way-Easement Question
| 10/31/08 12:49 PM | |
scuffler
297 
Member Since: 1/1/01 Posts: 5145 |
First, I live in Virginia if that helps. Today I received a letter from the company that serves the towns engineering duties (small town, about 5,000). The letter is asking me to sign a sewer easement in return for $1. It is asking for a construction easement as well as a permanent sewer line easement. The plan is for a 20 foot easement. According to the diagram it would run through our fenced back yard and would require the removal of the fence as well as run through the grave of a recently buried pet, and also a flower garden. Can I simply say no? I really don't want them to do this. What are my rights. Thanks in advance. |
| 11/3/08 7:38 PM | |
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scuffler
297
Member Since: 1/1/01 Posts: 5146 |
No real estate attorneys around? I did some measuring today. It would actually run several feet into one corner of my house! Anybody? |
| 11/3/08 8:40 PM | |
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ViewType
Member Since: 9/6/02 Posts: 3369 |
A whole dollar, huh? Tell them to go fuck themselves. |
| 11/6/08 2:32 PM | |
|
HaMMerHouseFAN
31
Member Since: 1/1/01 Posts: 3893 |
It sucks, but you need to see a real-estate attorney in your area because they will know your state laws and your rights. Think of what it will do to the balance of your property though. How many other houses will be connected to this sewer line? What if it gets jammed up? What it it breaks and floods your back yard with LIQUID SHIT? You wouldnt want little Johnnie to be playing in LIQUID SHIT do you? Have I emphasised LIQUID SHIT in you back yard enough? |
| 11/8/08 6:10 AM | |
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BarkLikeADog
4
Member Since: 10/11/05 Posts: 8817 |
Not my area but ViewType sums up my thoughts in a nutshell. |
| 11/8/08 9:44 AM | |
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Fake Pie
30
Member Since: 12/2/05 Posts: 17678 |
ViewType, HammerHouse and BLAD are on the right track IMO. |
| 11/8/08 7:45 PM | |
|
Dojosensei
Member Since: 5/19/02 Posts: 12326 |
That's interesting. I had a guy put in a water line through my property and didn't ask to do it. I was out of town, came back and water line was in the ground and covered back up. I went to the county about it (this was 3-4 yrs ago) and they said I had signed an easement thing for him to put the water line in. I never signed a damned thing for him to do anything at all. He built the two houses behind me, that's why he needed it. He had asked me if he could, said he needed it signed. I said not for free and that he was going to have to pay me well. Next thing I know this thing was in the ground and they had the easement for the water line signed with the county. I'm sure no recourse at this point because the houses are there and everything is already in and in use. No clue though |
| 11/8/08 8:47 PM | |
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BarkLikeADog
4
Member Since: 10/11/05 Posts: 8823 |
^You can collect damages if you can document them. Obviously if you didn't sign there's fraud involved as well with whatever punitive fines associated with that. I wouldn't expect a huge payout but you're likely due a small settlement if you want to pursue it. |
| 11/9/08 11:43 AM | |
|
goku
Member Since: 8/6/08 Posts: 1049 |
u say they are asking u. just say no. what do you have to lose? $1? |
| 11/9/08 4:51 PM | |
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Fake Pie
30
Member Since: 12/2/05 Posts: 17682 |
Dojo, why would you just take that? I would sue the ever living shit out of him. If you didn't sign anything, he will have a hell of a time showing something with your signature, right? 3-4 years though... might have passed the SOL at this point. Still, I would look into it. "u say they are asking u. just say no. what do you have to lose? $1?" That is what I am thinking. Of course they could bust out the eminent domain... but they would have to pay a lot more than a dollar. |
| 11/9/08 7:52 PM | |
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scuffler
297
Member Since: 1/1/01 Posts: 5147 |
That's what I was thinking, and why I was asking. How likely is it that they will try to force it on me? |
| 11/9/08 9:10 PM | |
|
jbapk
Member Since: 1/1/01 Posts: 8175 |
That really depends too much on local conditions. Is the sewer for a major project, etc. You should ask for way more then $1, or tell them to go eminant domain. |
| 11/9/08 9:39 PM | |
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scuffler
297
Member Since: 1/1/01 Posts: 5148 |
Thanks |
| 11/10/08 3:22 PM | |
|
Dojosensei
Member Since: 5/19/02 Posts: 12330 |
They have a signed document, problem is, it isn't my signature. Fraud would be the best thing I could get for it. SOL is probably out and the builder is long gone. He came in, did 2 spec houses and was gone. |
| 11/10/08 4:59 PM | |
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jbapk
Member Since: 1/1/01 Posts: 8193 |
Who paid him to put the line in? |
| 11/11/08 10:01 AM | |
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Dojosensei
Member Since: 5/19/02 Posts: 12332 |
Don't have a clue. I can only guess he did it when he sold the lots/spec homes. He offered to buy my extra property but I declined. |
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