UnderGround Forums
 

LegalGround >> Right-Of-Way-Easement Question


10/31/08 12:49 PM
Ignore | Quote | Vote Down | Vote Up
scuffler
Send Private Message Add Comment To Profile

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
Ignore | Quote | Vote Down | Vote Up
scuffler
Send Private Message Add Comment To Profile

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
Ignore | Quote | Vote Down | Vote Up
ViewType
Send Private Message Add Comment To Profile

Member Since: 9/6/02
Posts: 3369
A whole dollar, huh? Tell them to go fuck themselves.
11/6/08 2:32 PM
Ignore | Quote | Vote Down | Vote Up
HaMMerHouseFAN
55 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

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
Ignore | Quote | Vote Down | Vote Up
BarkLikeADog
Send Private Message Add Comment To Profile

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
Ignore | Quote | Vote Down | Vote Up
Fake Pie
Send Private Message Add Comment To Profile

Member Since: 12/2/05
Posts: 17678
ViewType, HammerHouse and BLAD are on the right track IMO.
11/8/08 7:45 PM
Ignore | Quote | Vote Down | Vote Up
Dojosensei
11 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

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
Ignore | Quote | Vote Down | Vote Up
BarkLikeADog
Send Private Message Add Comment To Profile

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
Ignore | Quote | Vote Down | Vote Up
goku
Send Private Message Add Comment To Profile

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
Ignore | Quote | Vote Down | Vote Up
Fake Pie
Send Private Message Add Comment To Profile

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
Ignore | Quote | Vote Down | Vote Up
scuffler
Send Private Message Add Comment To Profile

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
Ignore | Quote | Vote Down | Vote Up
jbapk
Send Private Message Add Comment To Profile

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
Ignore | Quote | Vote Down | Vote Up
scuffler
Send Private Message Add Comment To Profile

Member Since: 1/1/01
Posts: 5148
Thanks
11/10/08 3:22 PM
Ignore | Quote | Vote Down | Vote Up
Dojosensei
11 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

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
Ignore | Quote | Vote Down | Vote Up
jbapk
Send Private Message Add Comment To Profile

Member Since: 1/1/01
Posts: 8193
Who paid him to put the line in?
11/11/08 10:01 AM
Ignore | Quote | Vote Down | Vote Up
Dojosensei
11 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

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.

Reply Post

You must log in to post a reply. Click here to login.