Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“We sold part of our land to our neighbor and it has 2 water shut offs and sewer line access on his land. We are in the process of selling our land and want to make sure the new owners have access to the water shut offs and sewer lines if neccessary. The lawyer won’t write up the easement with out the city noting where the water and sewer line lay. The city has no record of the exact location of the water and sewer lines on our property. So is it legal for us to write up an agreement and have it notorized and signed by our neighbor?”
Question: Legal? Probably. Smart? No. If you can’t describe where the water and sewer lines are, in legal terms, then the agreement is vague enough that it is just an invitation to litigation. I would start by talking to a surveyor, and possibly a plumber (to locate the underground pipes); they may be able to create the legal description your attorney needs for a proper easement.
