Easement for Neighbor

[michael driver]

What is the name of your state (only U.S. law)? California


Do I Sell or Give Away easement and right-of-way to neighbor?

My neighbor's sewer line runs through my back yard. It needs replacement. Their house was part of 'my' land 60 years ago, and was later privately divided, no surveyance for their place was recorded. There is no other option for them. I need to remove trees and will now not be able to build a guest house. Neither of us knew anything about this when we purchased 25+ years ago. I am losing use of my land and now being asked to pay for removal of tree(s) and legal (and perhaps surveyor's) expenses. Though I would like to maintain amicable relationship, feel I am not only losing property value and usage, but having to pay for it. I have already given verbal permission for the work but they want signed legal document for this 'prescriptive' easement.

How long should legal process take and what should my lawyer charge?

 

[justalayman]

you can sell or give it away, It's yours to do with what you choose.

. I am losing use of my land and now being asked to pay for removal of tree(s) and legal (and perhaps surveyor's) expenses.

only if you are willing to accept liability for the costs. This is for the benefit of another. If they want it, let them pay for the costs to remove trees and the surveyor.

If they won't, just say "ok, move your line somewhere else because I'm not paying to have your sewer line put in"

it isn't a prescriptive easement as it was unknown. One of the requirements for a prescriptive easement is the use is notorious (known).


I would suggest finding a route that causes you the lease injury. If you actually had intended on building a guest house and now you can't due to the sewer line, that is an awfully big price to pay. You might seek the services of an engineer that can design a path that would work but not injure you so much.

 

[FarmerJ]

Micheal have you called your city public works dept to learn if there is a tap card on file for your home AND another tap card on file for nieghbors home ? If both homes are on one tap ( shared tap) its possible the city now requires each home to be on its own tap , and if thats the case it makes it even easier to simply require the neighbor in writting as part of the deal to not only run the line where its out of the way from your plans ( like maybe down the edge of your lot to make new connection to the street) but you can require the neighbor to have to pay for all excavation and re filling and a amount for replanting a few things in the area dug up as well as limiting the easement only to city sewer line and maint of it once its replaced. BTW since this will benefit them you should not have to spend a dime on the project and they should be happy to get your cooperation in exchange for paying all the cost them self. But do call the city so you can learn if your each on own sewer tap.