City Utility not in easement

[dweihe]

What is the name of your state? Iowa

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. That was the last that I have heard from them. It is at least 150’ outside the easement.

My questions are:

Can I sell this 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 have a lot that I can use the way I want.

Do I need a lawyer?

Thanks,

Doug

 

[Happy Trails]

How long ago did the city discover this?

It would be too difficult to give you answers to your questions, since we do not know how this affects your property.

If it isn't a big deal to leave the utility where it is, then the simple solution would be to have the city correct the legal description of the easement and have it recorded properly.

If it is a big deal, then you need to get a "Real Estate Attorney" to help you resolve this problem. (Because it is very likely the city is consulting with their attorney.)

 

[dweihe]

City Utility

How long ago did the city discover this?

It would be too difficult to give you answers to your questions, since we do not know how this affects your property.

If it isn't a big deal to leave the utility where it is, then the simple solution would be to have the city correct the legal description of the easement and have it recorded properly.

If it is a big deal, then you need to get a "Real Estate Attorney" to help you resolve this problem. (Because it is very likely the city is consulting with their attorney.)

Thanks,

I believe that they didn't know about this until I brought it to their attention this summer.

I feel that the property has been damaged and that I limited to use less of the lot than I paid for.

I think the city want me to go away.

 

[Happy Trails]

Thanks,

I believe that they didn't know about this until I brought it to their attention this summer.

I feel that the property has been damaged and that I limited to use less of the lot than I paid for.

I think the city want me to go away.

I would be asking them what they plan on doing about it.

Depending on what their answer is, you'll have to decide where to take it from there.

 

[dweihe]

Thank you for your time