April 2008

Monthly Archive

I Helped to Maintain an Irrigation Pipe on my Neighbors Property, Now there are New Owners Wanting to Remove it, What can I do?

Have access to irrigation water via a pipeline across neighbors property. Helped to pay for pipeline that supplies water to their parcel, and to our pipeline. New owner says since pipeline is not specified or noted in title search, there is no legal basis and his lawyer has notified us that unless we can show legal basis they are going to remove the pipeline. I believe our basis is implied easement. Am I correct, an what is the best way to establish this?

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.

“Have owned the same parcel for approx 20 years. Have access to irrigation water via a pipeline across neighbors property. Helped to pay for pipeline that supplies water to their parcel, and to our pipeline. That parcel sold recently. New owner says since pipeline is not specified or noted in title search, there is no legal basis and his lawyer has notified us that unless we can show legal basis they are going to remove the pipeline. I believe our basis is implied easement. Am I correct, an what is the best way to establish this?

Thank you.”

The typical “implied easement” situation is very different from what you are describing, above. An implied easement usually results when a person subdivides a property and fails to record a use that had been going on prior to the subdivision (such as a road leading across one property to another).

In this situation, the properties were owned separately at the time the pipeline went in. To be honest, you’re in a difficult position. You do not have an explicit easement, but you may have difficulty demonstrating that you have a prescriptive easement because your previous neighbor was cooperative, and therefore might be found to have given you permission (which negates a prescriptive easement).

You can certianly try to play the prescriptive easement angle, with an eye toward coming to an agreement with the neighbor to create an explicit easement. Don’t be surprised if the neighbor, at a minimum, holds out for a substantial payment in exchange for this.


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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.

 

Do I Need to Grant the Town the Right to an Easement on my Property? Can I Negotiate for Better Terms?

Summary

I purchased a commercial building in Maryland and attempted to get an occupancy permit for a tenant. The town conditioned approval with a request for me to grant easements to the town for the maintenance of sewer lines running under my property and to enter my property to inspect them. These easements, if granted, would severely limit my ability to add on to my building and park in my lot. If they don’t agree to negotiate more favorable terms (to me) can I cap off the sewer lines with impunity? May they condition an occupancy permit on an unrelated grant of an easement to them?

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 purchased a commercial building in Maryland and attempted to get an occupancy permit for a tenant. The town conditioned approval with a request for me to grant easements to the town for the maintenance of sewer lines running under my property and to enter my property to inspect them. The easement language directs me to pay for the maintenance of the lines and failing to do so, they repair them and bill me. If I don’t pay they can lien the property; and I must hold them harmless. The sewer lines apparently serve residences in the area as well and are privately maintained and unmarked. I am told that they have been in place for more than twenty years. These easements, if granted, would severely limit my ability to add on to my building and park in my lot. If they don’t agree to negotiate more favorable terms (to me) can I cap off the sewer lines with impunity? May they condition an occupancy permit on an unrelated grant of an easement to them?”

To answer your second question first, it is not only possible but quite common for “unrelated” issues to be used as conditions for granting a permit. Sorry, but that’s the way things are. You can try to negotiate a bit, but ultimately you’re stuck with the deal they offer or not getting your permit.

As for capping the lines, I wouldn’t rush into doing that. There may be other rights already in place, and at a minimum you’re going to have some very upset neighbors when their toilets permanently back up.


A house attorney has answered this question. Contact This Author

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.