Drainage easement used by water and other utilities

[Pipetrouble]

Florida, of course its Florida...

Need advice, bought a house and found there is a drainage easement on my property that we didn't know about, per the easement deed provided by the city.

Worked with the city on this new found obstruction to move my fence over part of the easement they said "no probs yo", just tell the water company.

Not sure why but I called the water company and they said that I cant move the fence because of 2 water mains and other utilities are on the property.

When I informed them they do not have utility privileges they replied that but back in those times it didn't matter (1980's??)... They only statement is that they will not amend their current operations and I cannot do anything to affect them. The easement is 20% of my total property and we filed a claim with the title folks and they want to settle for fair market value for the loss of the land.

A drinking buddy who seems to be a proficient enough lawyer said to start a new tomato garden by taking a 16 in pick ax over the easement and see what happens. I told him tomatoes do not grow like that and he said it doesn't matter what I do with the property as long as I didn't disturb the drainage. All collateral damage will be the responsibility of the water company.

Or I can take "Big Water" head on and spend thousands of dollars and hours wrapped up in litigation.

Is this really my only 2 options? Certainly the Water and other utilities must get my permission to use the property correct?? By permission I mean pay me.

 

[justalayman]

Your friend will not be successful as a lawyer. The first thing anybody needs to do is read the granting documents. That will be the start of determing what you can and can't do.

If what your friend is saying is with the intent of damaging the water lines, well he's real free with your money. Ask if he is willing to indemnify you should you be held liable for damaging the water lines.

 

[OHRoadwarrior]

Before getting out your trusty pick axe, check your states implied easement and grandfathering laws.

 

[Pipetrouble]

Your friend will not be successful as a lawyer. The first thing anybody needs to do is read the granting documents. That will be the start of determing what you can and can't do.

If what your friend is saying is with the intent of damaging the water lines, well he's real free with your money. Ask if he is willing to indemnify you should you be held liable for damaging the water lines.

I thought I was clearly being facetious would not be the integral part that you would focus on. My apologies...

The granting document is the easement deed that was written in 1963. It grants the county, which is now city property, the right to excavate, construct and maintain outfall and drainage ditch and other drainage facilities upon and through the described lands situate...

This is the only document that details the easement. No sale or deed of my property ever listed it. I share the easement with my neighbor but its listed on his deed and his property is not burdened with utilities.

 

[FarmerJ]

I really don't see you having any success in forcing them to remove the pipes. BUT short of a leak there wont be any reason for them to do any digging other than replacement when the time comes BUT so you know, it would be handy to learn at what depth the pipe (s) are.

 

[154NH773]

The fact that the title company is willing to pay you for the burdened property is a pretty good indication that THEIR lawyers have determined you have no good case against the water company.
If you went after the water company, the most you could probably expect would be the fair market value, the same as the title company offered, but you would probably spend that much in legal fees.