August 2007

Monthly Archive

My Neighbor Wants an Easement on my Property for a Sewer Line, But I’m Against it, What are my Options?

Summary

I just bought a house and decided to install a privacy fence next to my neighbors house. After digging the post, we discovered PVC piping on my property. Apparently the neighbor says he did not know about the piping which happens to be his sewer and is in the process of trying to get an easement. Can I make him move the sewer line? Can I cut it off my property and cap it off? What are my options?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“I just bought a house and decided to install a privacy fence next to my neighbors house. After digging the post, we discovered PVC piping on my property. The next day we received a stop work notice for our building permit and to call the building inspector. Apparently the neighbor says he did not know about the piping which happens to be his sewer and is in the process of trying to get an easement. I don’t want an easement and want him to move it. Can I make him move the sewer line? Can I cut it off my property and cap it off? It is PVC so it can’t be older than 1986 since it was installed. What are my options?”

I wouldn’t do anything too precipitous at this point. If the local sewer authority has the right and inclination to force an easement over your property, then you’re pretty much stuck. If it does not, then the next question would be whether your neighbor already has an easement by prescription by virtue of having had the pipe there for a long time (the length of time depends on the state you’re in). In either case, you would be causing more problems than you solve by interfering with the sewer line at this time.

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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.

 

We want to Build a House on our Property, But the Only Access would be through an Easement, Can the Owner of the Easement Sue us for Using it?

Summary

I recently purchased 9 acres of land that has an easement attached to it. There is a 40 foot public road easement that was granted back in the 70’s on the property and has never been used. We want to build a new house on the property. The only access is a driveway tile installed right on this 40′ easement. We have been told that if we build there and use this drive as our access we could possibly be sued or the owner of the easement could put a lien on our property. Is this true? If we are not blocking his access in any way, are we not entitled to use this drive to get to our house?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“I recently purchased 9 acres of land that has an easement attached to it. There is a 40 foot public road easement that was granted back in the 70’s on the property and has never been used. We want to build a new house on the property. The only access is a driveway tile installed right on this 40′ easement. We have been told that if we build there and use this drive as our access we could possibly be sued or the owner of the easement could put a lien on our property. Is this true? If we are not blocking his access in any way, are we not entitled to use this drive to get to our house? No one has ever used the easement and as far as we know does not plan to, but that could always change. Please help us – we have already started the foundation work and have put the project on hold until we can figure out what rights we have. The state highway department will not grant us the right for a new access. We live in IL. Thank you!”

The answer depends in part on the exact wording of the document which created the easement. Driveway easements are usually non-exclusive, meaning that the property owner can continue using the property so long as the easement is not interfered with. A public road easement, however, may be exclusive–meaning that you essentially lose the right to use that part of your land at all.

I would start by going back to the person who told you you could not build there, and asking what the authority is for his opinion.

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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.