I have a neighbor to the east of me that owns 100 acres. I am on a dead end road and the rural water line stops on my land. Well the shortest distance to the neighbors land behind me is about 200' They need an easement for the water department to come through me to get a tap on their land. Problem is I dont want a permanent easement going through me, if they ever decided to sell their land or anything somebody might decide to put in a trailor park or something I would have no control. They have wells now but they say they are not good ones. The land is bare and has no house or anything on it. What should I do?
Problem with water easement
- Thread starter mrfrosty
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Woodworkerman
Bronze Member
"Easement" This word scares me a bit. I would be real careful and definitely consult an attorney before making a decision to allow one. I might be a bad neighbor, but I would not go for it. What do you have to gain? What do you stand to loose...........?
The way I look at it is, its just something else to worry about. What if the line freezes and bust, what if I want to put a fence through there or build something there someday????? Im screwed! I just hate to tell the people no! but Its my decision I guess, hopefully they cant file something through court and get an ok, or can they??
Woodworkerman
Bronze Member
I would recommend you ask a lawyer just because of how screwed up laws are today, but I would be very surprised if someone could file any kind of court action that would force you to allow an easement.
woodchuckie
Platinum Member
The shortest route, but not the only realistic route? I don't think he could force the issue.
MikeD74T
Veteran Member
Look at all the possibilities before you decide. Is the neighbor looking for a single family water line or a water main extension? Since you will still pay the taxes on the land & it will have lower resale because of usage restrictions how much will you charge for the easement? What it the alternate route & costs to the neighbor? Can it be routed within setbacks (i.e. along a boundry) that already limit usage? Waterlines seldom get dug up but most utility easements allow access for whatever maintenance they deem necessary.
From the other side of the fence, I have a deeded right of way across an abutors property. It runs 18' x 800' thru the corner of a 1200 acre piece of woods. It was surveyed by the abutor's surveyer & deeded by his lawyer. This was done prior to my ownership but I bought that deed with my property. I paid $26K for my 38 acres & house. The abuttor has delusions of me starting a developement and using the right of way for access. The planning board would never allow it but he is still paranoid & wants the right of way back. I have a standing price of $50K for the right of way. Moral of the story - if you're not going to be happy with an easement DON'T sell it.
This thread gives you an idea of the money involved. http://www.tractorbynet.com/forums/rural-living/127036-tapping-onto-water-supply.html MikeD74T
From the other side of the fence, I have a deeded right of way across an abutors property. It runs 18' x 800' thru the corner of a 1200 acre piece of woods. It was surveyed by the abutor's surveyer & deeded by his lawyer. This was done prior to my ownership but I bought that deed with my property. I paid $26K for my 38 acres & house. The abuttor has delusions of me starting a developement and using the right of way for access. The planning board would never allow it but he is still paranoid & wants the right of way back. I have a standing price of $50K for the right of way. Moral of the story - if you're not going to be happy with an easement DON'T sell it.
This thread gives you an idea of the money involved. http://www.tractorbynet.com/forums/rural-living/127036-tapping-onto-water-supply.html MikeD74T
skipro3
Silver Member
Any way you two could do a land swap? Trade the easement for other acreage from his property? That way you won't own the easement and could end up with more land. (That easement parcel would be worth many times in land area a swapped piece of land.) Be sure to speak with an attorney experienced in this matter.
plowking
Gold Member
If the land is bare,why do they need the water line? They could use the reason or excuse it would provide fire protection in case of forest,brush fires. Is there a road to land now? Eminent domain can be used by public utilities,highways,etc. My wife's family had the natural gas pipeline on it when they sold it. The pipeline has a 99 year lease. Only advantage is you could possibly hook up to the line unless you already have it. plowking
dmccarty
Super Star Member
As Plowking pointed out, why do THEY need the water line? 100 acres with water sell for lots of money especially if the land perks.
It would be hard for them to force you to sell or provide an easement. We have a bank branch that has been built. SOMEHOW, they did not get an easment to run gas to the bank and the branch needs gas for some reason. The owner of the land is either holding out for more money or has not interest in providing an easement. Not sure how the bank got into this situation. The office looks like the could open at any time.
Seems like they need to put in a heat pump. This is at a major intersection which makes the whole thing even stranger.
Besides talking to a lawyer if you decide to provide the easement you might want to mosey on down to the Planning Department to see what is going on in your area. They might now of something going on with those 100 acres. Might want to stop by the GIS or DEEDs department and see if the land has been subdivided yet. And while your down at your friendly govenment offices head of to the water department and see what they say about getting the water access on your land. Find out how big of a pipeline it would take. And of course see what size of a pipeline is being proposed for your neighbors. If you would only need a 2 inch pipe but the neighbors are needing a 24 inch pipe I think that tells you something.
Answers to these questions will help your decision to provide an easement, if at all, and at what price.
Later,
Dan
It would be hard for them to force you to sell or provide an easement. We have a bank branch that has been built. SOMEHOW, they did not get an easment to run gas to the bank and the branch needs gas for some reason. The owner of the land is either holding out for more money or has not interest in providing an easement. Not sure how the bank got into this situation. The office looks like the could open at any time.
Seems like they need to put in a heat pump. This is at a major intersection which makes the whole thing even stranger.Besides talking to a lawyer if you decide to provide the easement you might want to mosey on down to the Planning Department to see what is going on in your area. They might now of something going on with those 100 acres. Might want to stop by the GIS or DEEDs department and see if the land has been subdivided yet. And while your down at your friendly govenment offices head of to the water department and see what they say about getting the water access on your land. Find out how big of a pipeline it would take. And of course see what size of a pipeline is being proposed for your neighbors. If you would only need a 2 inch pipe but the neighbors are needing a 24 inch pipe I think that tells you something.
Answers to these questions will help your decision to provide an easement, if at all, and at what price.
Later,
Dan
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I have granted easements along my property line, but never through my land.
I did buy one parcel with a recorded sewer easement through my backyard. For the 47 years the previous owner owned the land, no action was taken... now, I would like to put up a small barn and the easement, setbacks and wetlands are making it just about impossible.
I did buy one parcel with a recorded sewer easement through my backyard. For the 47 years the previous owner owned the land, no action was taken... now, I would like to put up a small barn and the easement, setbacks and wetlands are making it just about impossible.