Posted by Lloyd on September 16, 2005 at 10:24:39:
The big question now is how long has the sewer been there? If it has not been long you may be able to force the city to buy an easement from you. You will need a good attorney, time and money. It may be not worth your time to do such a thing, life has more to offer than going after someone for money. The fact that you know where it is and the city knows you know means that you can?t dig it up, plant a tree on top of it, etc. If you do, you are going to be held liable. Your time would be better spent looking for deals on houses, land, foreclosures and make some money faster.
Help! City Utility not in Easement - Posted by dweihe
Posted by dweihe on September 06, 2005 at 17:01:46:
Utility Easement Problem:
We bought a lot from a builder and had the builder build a house on it for us. We moved in February ?04. It is a 2 acre partially wooded lot with a 20? wide utility easement for a 10? sanitary force main on the east (back) and south side of the lot.
This summer we were looking at doing some major landscaping and a possible pool. Due to the existing large trees in the easement, I had some concerns that the utility was not in the easement.
I requested that the city provide as-builts or located the utility. They dug a couple holes and confirmed that the sewer was not in the easement. It is at least 150? outside the easement. That was the last that I have heard from them.
My questions are:
Can I sell the property knowing the utility is not in the easement?
Can I request that the city relocate the utility in to the easement or move it to the city?s property which borders my lot on the east and south?
If I agree to leave it where it is, will I need a new property description? Should I get compensated for having a lot that I cannot use the way I want?
Re: Help! City Utility not in Easement - Posted by Lloyd
Posted by Lloyd on September 15, 2005 at 19:49:24:
If the sewer is inside your property and goes to an existing sewer, there is not a problem. If the sewer line runs through an adjoining property and then to an existing sewer, you should obtain a new easement over the land where the sewer is now. I don?t think the city will be moving the sewer line.
Thanks for your response.
This is a force main that cuts through the lot and is not connected to my sewer. I would be willing to sell a new easement to the city. I feel that I should be able to use my yard for anything that I want. To plant trees or install a pool or whatever.