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  #1  
Old 05-26-2009, 05:58 PM
Junior Member
 
Join Date: May 2009
Posts: 2

Easement issues


I currently live in Horry County South Carolina. We live on four acres in an unincorporated rural area with no HOA restrictions. When we purchased our home there was an easement deeded to us from the adjacent land owner. This easement is considered the driveway that runs from a public highway to our home. It is on the plat that is recorded in the courthouse. There are no issues using this easement. The problem is that the local water plans to run public water along the public highway and we want to attach to the water line. All they will do is establish the connection and it will be up to us to run the line from the road, along the easement to our house. There is no other way to run the water line because of a cemetery that is directly in the way. Therefore, we are restricted to using the easement to run the water line. This is where the problem lies. The adjacent land owner is refusing to allow the public water utility to install a connection point at the road. Unfortunately, because of the layout it has to be installed on the easement. The connection will be buried underground and in no way be seen. We have tried and tried to work with the land owner stating they can direct exactly where the buried line will go. It will not destroy or in any way modify any existing structure or reduce any property value. The water company gave us a legal document for the land owner to sign giving them the authority to install the connection but the land owner refused to sign it.
Any suggestions?What is the name of your state (only U.S. law)?
  #2  
Old 05-26-2009, 06:00 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 76,337
Quote:
Originally Posted by Felony7603 View Post
I currently live in Horry County South Carolina. We live on four acres in an unincorporated rural area with no HOA restrictions. When we purchased our home there was an easement deeded to us from the adjacent land owner. This easement is considered the driveway that runs from a public highway to our home. It is on the plat that is recorded in the courthouse. There are no issues using this easement. The problem is that the local water plans to run public water along the public highway and we want to attach to the water line. All they will do is establish the connection and it will be up to us to run the line from the road, along the easement to our house. There is no other way to run the water line because of a cemetery that is directly in the way. Therefore, we are restricted to using the easement to run the water line. This is where the problem lies. The adjacent land owner is refusing to allow the public water utility to install a connection point at the road. Unfortunately, because of the layout it has to be installed on the easement. The connection will be buried underground and in no way be seen. We have tried and tried to work with the land owner stating they can direct exactly where the buried line will go. It will not destroy or in any way modify any existing structure or reduce any property value. The water company gave us a legal document for the land owner to sign giving them the authority to install the connection but the land owner refused to sign it.
Any suggestions?What is the name of your state (only U.S. law)?
**A: the utility company can sue and easily win.
  #3  
Old 05-26-2009, 06:13 PM
Junior Member
 
Join Date: May 2009
Posts: 2
If the utility company declines to pursue legal action is there any recourse for me?
  #4  
Old 05-26-2009, 06:24 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 76,337
Quote:
Originally Posted by Felony7603 View Post
If the utility company declines to pursue legal action is there any recourse for me?
**A: yes, you can be the one to sue.
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