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City wants an easement - do I have to give it?

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madelynstia

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? PENNSYLVANIA

Hi~

My husband and I own a single family home on a dead end street. The right side of our yard borders a very deep ravine/woodsy area. In the back of our yard is a "paper alley."

We received a letter that the city was putting in a new sanitary sewer line in our neighborhood, and they want a temporary easement to dig for the line (right along the ravine's edge) and a permanent easement 20 feet from the sewer line's new location. Problem is, my husband and I can't imagine how they are going to be able to run that line along the ravine...it is very steep. In fact, we were going to erect a fence along the edge of it to keep our future children from plummeting to the bottom.

Questions: Do we have to give them the easement? Either the permanent or the temporary one? What happens if we don't say yes?


On top of all that, we already have sewer service at our house. The service we have now is tapped into a line that is about 6-8 feet in the ground and runs UP our street. The new service they are installing will be 11 feet under ground and will run DOWN our street, towards our house.

Questions: Will we be forced to tap into the new system? Can they force us to pay for that?

Lastly, when the house was purchased, I was single, so the current recorded deed is listed as just me with my maiden name. We have since refinanced the mortgage (just a short while ago) and a new deed was recorded (like 2 days ago) with both my husband and I as owners and also with my new name. The deed of easement the city was pressuring me to sign today was only in my maiden name, without my husband. I didn't sign it - and I'm not sure I want to - but shouldn't it read exactly as my new deed will read before {and IF} we sign it?
 


BelizeBreeze

Senior Member
madelynstia said:
What is the name of your state?What is the name of your state?What is the name of your state? PENNSYLVANIA
Questions: Do we have to give them the easement? Either the permanent or the temporary one? What happens if we don't say yes?
No, you don't. But then, the city will 'take' it by filing an 'iminent Domain' suit against you. It's time to start monitary negotiations.
madelynstia said:
Questions: Will we be forced to tap into the new system? Can they force us to pay for that?
That's a question you need to ask the city.
madelynstia said:
Lastly, when the house was purchased, I was single, so the current recorded deed is listed as just me with my maiden name. We have since refinanced the mortgage (just a short while ago) and a new deed was recorded (like 2 days ago) with both my husband and I as owners and also with my new name. The deed of easement the city was pressuring me to sign today was only in my maiden name, without my husband. I didn't sign it - and I'm not sure I want to - but shouldn't it read exactly as my new deed will read before {and IF} we sign it?
It should read in both your names. And you're right not to sign it. Don't you think it's time to speak with a real estate attorney about how much the city is going to pay you for the easement?
 

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