Does anyone know utility easements?

[onejayhawk]

The city will be replacing a 70-year old sewer on our block. It looks like they intend to run it down the edge of my propery to mate with the mainline. This is new so an easement should be involved. There is a mature fruit tree (fig) involved and a fence. Will I need a propery lawyer?

J

[chancellor]

Maybe. You should be able to get easement info from your city or county inspection department or department of public works. Easements vary widely on anything involving piping.

If you went through proper local procedures and permits for your fence, and the fence falls in the easement, you likely have a case and should follow up with a local lawyer. If it's outside the easement and damaged, same thing. If you're inside the easement but did not properly permit your fence, you are hosed and don't even waste your money.

Unless the tree is some sort of protected tree, that's toast. Most municipalities will replace lost trees if you ask nicely (work with your local dept of public works).

[onejayhawk]

They need to reroute the line, so this would be a new easement. They had surveyors out last week. The fence predates my ownership by many years. I planted the tree in the 1990s.

If the surveyor is correct, the old line ran up the length of the block to a different street. They want to do a right angle turn and run along the back of the vacant lot behind me (faces the other street) and the side edge of my lot. I suspect this has to do with the slope of the hill.

Since the city needs a new easement, they will need to buy it, correct?

Not necessarily relevant, I am trying to buy an off-street portion of the vacant lot. It would give me a decent sized back yard. Currently, you can fall off the back porch and land on the fence.

J

[Lucky]

Just because they are relocating the line there doesn't mean it is a new easement. Depending upon when the area was developed, the developer may have granted the City utility easements across all of the lots, including yours. You should look at the plat of your lot and see what it shows.

Aren't you in Texas? If so, the State Constitution prohibits any taking of property without compensation, and they are very strict about it. Fences, fruit trees, etc.

I'm licensed in Texas, I can't give you internet legal advice, but I can tell you where to look.

[onejayhawk]

This house is over 120 years old. It was plumbed in the 1920s we think. That was when they installed electricity and bricked the exterior. In any event, the survetor said they needed a new easement.

J

[Lucky]

This house is over 120 years old. It was plumbed in the 1920s we think. That was when they installed electricity and bricked the exterior. In any event, the survetor said they needed a new easement.

J

That's good for you in way. I mean, they'll take what they need anyway, but if they don't already have an easement, at least you may get decently compensated for damage to your fence and tree.

You may want to consider getting out in front of this by contacting your City's ROW department. If this is a big project, which it sounds like, they may start putting the properties they need into two piles...the people they can work with and the people they will have to take to Court. You really don't want to be in that second pile.

Usually, people who work with the ROW guys do the best. These guys love to get these things worked out. It looks better for them. It is quicker. It winds up costing a lot less, even if they pay a fair price, because going to Court is always a loser for everyone.

If you do talk to lawyers (and you probably already know this), don't threaten taking them to Court. They love that. It gives them a stiffie. Going to Court pays for their wife's new convertible. And don't think the City will settle "just to avoid the publicity". That ended sometime back in the 80s. It just pisses them off now when someone even says it.

And I'm 100% sure you know this...get everything they tell you in writing. Oh, they are completely trustworthy. But, still.

[onejayhawk]

I understand. Details matter.

J