Easements

[Frankenkubota]

First of all, I knew this going in and it ain't the end of the world but.......I do love to stir things up.

I'm trying to figure out a way to get on the gravy train. I'm too old for a govt job, I doubt I can have a child out of wedlock, and I have emotional issues, free $ would help.

Duke Power, I guess the biggest power co in the world?, has an easement on the edge of my property.

They have lots of $

There easement is almost 10% of my land and while they don't own it they control it and limit my ability to use it.

So I built a driving range under their wires.(don't tell them but. I would have done it anyway, wires or no wires.)

Seems to me I should be compensated for the easement. In the cellular business they first ask if they can erect a tower on your land and then pay you to do it.

I want my share....and maybe a little more

 

[seville009]

If you've already granted them the easement, then your contract with them is already in effect (at zero).

Could always just send them an invoice though and see what happens.

 

[polo1665]

Good luck and let me know how you do. I have a similar easement, but with an oil and gas lease. previous owners signed the lease and now I am held to the conditions. I enjoy free gas though, so I won't belly ache about it.

 

[oosik]

I have no idea if you are entitled. Wouldn't hurt to ask.

 

[riptides]

First of all, I knew this going in and it ain't the end of the world but.......I do love to stir things up.

I'm trying to figure out a way to get on the gravy train. I'm too old for a govt job, I doubt I can have a child out of wedlock, and I have emotional issues, free $ would help.

Duke Power, I guess the biggest power co in the world?, has an easement on the edge of my property.

They have lots of $

There easement is almost 10% of my land and while they don't own it they control it and limit my ability to use it.

So I built a driving range under their wires.(don't tell them but. I would have done it anyway, wires or no wires.)

Seems to me I should be compensated for the easement. In the cellular business they first ask if they can erect a tower on your land and then pay you to do it.

I want my share....and maybe a little more

Highly unlikely. Perhaps for a NEW easement.

You could try getting a break with your county/state government due to perceived value of land. Claiming that the easement lowers your land value and infringes on your rights to use your property to your full extent.

 

[stephenh]

If the easement was already there when the current owner [OP] purchased the property...don't see how compensation could be had now. Practically, that compensation should have been reflected in the purchase price. At least, that is what I expect the counter argument would be.

 

[CH4Ohio]

Duke Power bought that easement from someone. Sounds like that was a previous owner?? They already paid for the use of the land and limitations of both parties should be spelled out within the easement agreement. At least that's the way it's usually done. . .

 

[dodge man]

No they don’t owe you any money but if there is a golf ball clause in the written easement they have to supply you with free golf balls. Like already stated they paid someone when they got the easement and that’s usually the end of it. I don’t know exactly why but cell towers usually pay yearly, probably because it’s a lease and not a permanent easement.

 

[MAX-24-Dean]

First of all, I knew this going in and it ain't the end of the world but.......I do love to stir things up.

I'm trying to figure out a way to get on the gravy train. I'm too old for a govt job, I doubt I can have a child out of wedlock, and I have emotional issues, free $ would help.

Duke Power, I guess the biggest power co in the world?, has an easement on the edge of my property.

They have lots of $

There easement is almost 10% of my land and while they don't own it they control it and limit my ability to use it.

So I built a driving range under their wires.(don't tell them but. I would have done it anyway, wires or no wires.)

Seems to me I should be compensated for the easement. In the cellular business they first ask if they can erect a tower on your land and then pay you to do it.

I want my share....and maybe a little more

"First of all, I knew this going in and it ain't the end of the world but.......I do love to stir things up."

Keep on stirring,(LOL) but I think in the end you will get nowhere. But this is a good subject to bring up to make people aware of long term benefits or consequences of legal documents.

"Seems to me I should be compensated for the easement."
Most of the time the compensation terms are given prior to the easement being recorded and placed into effect. Your mileage may very.

I have a driving range in an easement also, the utility is fine with it.

 

[old and tired]

When you bought the land, that easement should have reduced the value of the land... that's on you if it didn't get it at a reduced price. Basically, the land should have been cheaper then the next parcel of "equal" value... that was without an easement.

Now with that said... Our city house has a sewer line in the back yard that went "undetected" since before 1953. Never cleared of any trees, I'm talking 40" Tulip Popular and oaks growing on top of the sewer line (not on my property but on my neighbor's).

Well, once the 1,000 sq.ft. houses were being torn down and 4k & 5,000 sq.ft. houses erected (keep in mine, this is the flood zone). The city finally figured out that 4 houses had a sewer line built right under them.

I've had to show the city engineering people where the manholes were in front of these houses at least 3 times... They decided that they needed an updated survey. One of the builders actually buried one manhole since it was right in front of "their" house. I left wire flags where the manhole was and let the city do the rest...

Ok, so it's a long story to get to the point that the last manhole to divert the sewer to another line was in my backyard. $25k easement for 100 feet by 20 feet for the connection...

It's not over yet, either. My deed now has the new easement written in but there isn't anything about the other 200 feet heading the other way to my neighbors (and the 47 other houses) that use this line.

City has told me 7 times now that they are coming to clear the line, each time, I call the head of their department and inform them that they do not have an easement to cut across my property and they go look up my deed, and they go away for another 4 years. This head position is used to pad their retirement checks and they need 4 years at that spot... I'm expecting another call soon.

Side note; Miss Lil's place literately had a 6 foot tall manhole on the left side of her house and another on the right side of the house... it should not have taken an engineer to figure that one out. It was built in 1953, no one knows who or when the sewer line was built. City bought that house and the house next to it and just torn them down. It's just now open land.

 

[dmccarty]

There are interesting power lines on my wife's family farm land.

The power lines run from a major road across their farm land, cross a river, and then to where ever they go. There is a road on that side of the river and my guess is that when the power company was first bringing electricity to the county in the early 1900's, it was faster, easier and cheaper to run the power from this major road, across open fields, across the river, etc than it was to bring power down the secondary road. Mostly likely there were few customers on that secondary road back then.

There is power on that secondary road now but the power poles still cross the family land.

The family members who would know they history of the power lines are all deceased.

Later,
Dan

 

[Steppenwolfe]

First of all, I knew this going in and it ain't the end of the world but.......I do love to stir things up.

I'm trying to figure out a way to get on the gravy train. I'm too old for a govt job, I doubt I can have a child out of wedlock, and I have emotional issues, free $ would help.
I want my share....and maybe a little more

Can we assume work as a male model is unattainable???

 

[Frankenkubota]

Can we assume work as a male model is unattainable???

Hee hee

I knew 2 male models. One in highschool, swimming suit model.

Built like Tarzan, could eat a big Mac in 1 bite.....if you paid for it!

My ups guy was a hand model!

 

[Frankenkubota]

Highly unlikely. Perhaps for a NEW easement.

You could try getting a break with your county/state government due to perceived value of land. Claiming that the easement lowers your land value and infringes on your rights to use your property to your full extent.

I was pretty much kidding.

I know duke power can't afford to rent my land.

As I said, I knew going in and I'm just making waves but.....

If they send me a check I'm cashing it!

 

[Frankenkubota]

If you've already granted them the easement, then your contract with them is already in effect (at zero).

Could always just send them an invoice though and see what happens.

I met a guy who wrote software to search big companies accounts payable records because, according to him, paying the same invoice over and over and over or paying a phony invoice happens way more than you think.

 

[bdhsfz6]

You say you knew this going in so the following may not apply. Check your deed anyway. If the easement isn't properly recorded, you could have a case.

A few years back, I guy I used to work with bought a 25 acre parcel in the county where I live. He built a nice house and spent a lot on landscaping. Two years later, the power company came in, bulldozed some of the landscaping and set three 100' steel hi line poles across the front of his property. The previous owner granted, and was paid for a easement 11 years prior to the sale of the property. No mention of this was made in the deed or during the closing process. Whether it was willfully done or an oversight was never explained

My irate coworker sued both lawyers & the previous landowner and won a substantial settlement.

 

[Jstpssng]

Powerline R/Ws are a great place for a Christmas tree plantation... just make sure they know you are doing it so that they don't come through and cut your trees. Other options are cattle, truck gardening, raising pigs, open air strip club-

Well, maybe not that last one.

Do you ever have raptors building nests in the pole structures? I saw a pole once which had two nests, one old and one new. The old one had so much grass and weeds growing in it that I'm sure the hawks were tending a vegetable garden...

 

[Jstpssng]

You say you knew this going in so the following may not apply. Check your deed anyway. If the easement isn't properly recorded, you could have a case.

A few years back, I guy I used to work with bought a 25 acre parcel in the county where I live. He built a nice house and spent a lot on landscaping. Two years later, the power company came in, bulldozed some of the landscaping and set three 100' steel hi line poles across the front of his property. The previous owner granted, and was paid for a easement 11 years prior to the sale of the property. No mention of this was made in the deed or during the closing process. Whether it was willfully done or an oversight was never explained

My irate coworker sued both lawyers & the previous landowner and won a substantial settlement.

That's what title insurance is for. Their attorney should have picked up on that before the sale. That's also why it's worthwhile to have a land survey done before building, as the easement probably would have been detected during deed research.

 

[Torvy]

I've got 3 easements, 2 gas and one overhead power. Right now they are highways I use to transit my property. Love the suggestions.
Around here the utilities tend the easements once every 8 years. Next time they come by, I will likely follow up with some Christmas trees.

 

[bdhsfz6]

That's what title insurance is for. Their attorney should have picked up on that before the sale. That's also why it's worthwhile to have a land survey done before building, as the easement probably would have been detected during deed research.

I don't know if my coworker had title insurance or not but that normally covers the purchase price of the property, not the improvements.
Yes, the lawyers should have picked it up but didn't. That's why they were sued along with the seller.