Easements

FarmerGene · Jul 12, 2010

Hello people, I'm looking for a little advice, I've been approached by a company who wants easement rights for a fiber optic communications line to a cell tower which is also on my property. Anyone have any ideas for a fair price? Don't want to gouge but I also don't want to get stiffed.

ray66v · Jul 12, 2010

My advice is NEVER give an easement if you can avoid it.

I have seen companies act like they own the property, after buying an easement, for a dollar an acre.

I have personally had my previous property dug up repeatedly, because of easements, by sloppy, inconsiderate contractors, who gave me little notice, and no say what so ever in the matter.

Mousefield · Jul 13, 2010

An easement is typically forever. See if you can do some other type of agreement. Can lower your property value and your enjoyment of it. My brother has a cell tower next to his property and they wanted an easement but he did not want to do that. They have a handshake agreement to use his driveway to get to the cell tower for maintenance. He gets a good yearly benefit from them, I also benefit

as they are a satellite TV company.

schmism · Jul 13, 2010

I suppose it would depend on the route and location in my case.

if it would cut right through my woods it would be out of the question as they would have the right to keep the 12' swath clear cut....

if they wanted to run it next to my driveway... and therefore maintain it as part of the contract... ive got no issues with that.

as for cost... id start at fair market value for the price of the land (as if they bought it outright)

I might even be convinced to give it up for free if it ment i got a free fiberoptic connection drop to the internet on the side of my house

Hawghauler · Jul 13, 2010

A few of the ranchers and the irrigation company have the right to traverse my property (dirt road) to get to the irrigation locks. Also they have to maintain the ditch banks. That is okay with me and I have the right to traverse my neighbor's land to get to my irrigation. Water wars are no fun and extra care must be taken not to upset the apple cart. I would not "give" any company deeded rights. Once given they are nearly impossible to retract and free or cheap service is poor consolation. Even hand shake deals can become legally binding after a certain number of years. Check your state or local Estoppel laws. Lawyers love them, realtors hate them.

bp fick · Jul 13, 2010

Good advice from everyone. Typically, their right to access and mow clean determines whether you can actually do anything meaningful with the property after granting easement. Easements do not need to be forever. You can specify the date of expiration, although it might be a deal killer.

Can't build on it. You will no longer grow trees or crops that would be damaged during their excursion through it for repairs/maintenance. The land sort of becomes parkland.

I guess I agree with the idea that the price should virtually be the sales price of the dirt. If sub par vacant land goes for $6000 an acre, in your area, then $6000 is the magic number. I suspect they can't/won't pay that much. Let us know what they actually offer.

Oh, and since you remain the owner of record, you'll continue to pay the property taxes forever on land you really cannot use.

forgeblast · Jul 13, 2010

I wonder if you can do a rental instead of an easement. this way you will still control the property, and in say 10 years you can redo the contract.

teg · Jul 13, 2010

City bought a sewer easement in my back yard, 20' x 100' - Paid what the land was accessed at for taxes.

riptides · Jul 13, 2010

Only god knows what the future holds for communications trunks. In ten years time your property might have the easement for the super collider shooting electron beams up and down the continent. Instead of it being underground, it might be a rail system.

Better word that easement to your absolute liking.