Neighbor wants ROW

[Otto_2000]

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

My neighbor lives on the far side of my property and wants to use a corner of my property as a ROW. She is using it temporarily, with my permission, but she now wants to buy it from me. She told me her electric runs under my property so I could not fence it off because the electric company couldn't access it if I did. I spoke to the electric company and they said they would be fine with a fence and they would provide me with a lock and key and that they would keep a key for themselves. They said there was no recorded easement where their equipment was installed. The electric company representative kept telling me that sometimes people tell them that they own the property where the lines will run, even when they don't. He said this 3 times. I didn't think anything of it until later in the day when I thought, "Maybe he was giving me a hint that the neighbor might have told him it was her property." Anyway, the easement isn't legal, as far as I know. I know it's not on my deed and not recorded at the town hall, because I looked and the electric company said they have no written documents for it, either. I suppose I could have them move it, but I don't want to burden them, although it becomes a legal easement, from what he told me, after 20 years.
With all this info, perhaps none of it pertinent, how do I determine the value of the property if I want to convey a legal easement to the electric company? AND/OR, how do I determine the value if I decide to sell the neighbor the property? It is a pain in the a_ _ to have to go through all this nonsense when I would rather leave things status quo.

 

[Mass_Shyster]

Ask her what she's willing to pay for the land. "Market Value" is meaningless because there really is no market for a corner of a piece of land.

Whatever she is willing to pay and whatever you are willing to accept is the closest you'll find. You may also want to check with an attorney to get an idea as to what this transaction will cost you. Note: If you have a mortgage on the land, it gets more complicated. You may have to refinance or at least get the mortgage holder to agree to the sale.

 

[Otto_2000]

I own the land free and clear.

 

[justalayman]

the land is worth whatever you believe it to be worth and not a penny more or less.


as to burdening the power company; if the neighbor told the power company where to put the power line and she was wrong, it isn't the power company that it will cost to move the line. Your neighbor would have to foot the bill. It was her error or action that caused the problem.

 

[Otto_2000]

Let's say it wasn't the neighbor who told the power company where to put the line. Let's say the power company did it that way to save time. When, in 20 years, they automatically get their easement, what kind of easement is it? Is it all encompassing, meaning, do they get to run anything they want on that land? If the neighbor sells some of her 100 acres to a developer, will the whole neighborhood be on that electric line and how would that affect me?

 

[justalayman]

without knowing the situation intimately, it is hard to comment much but;

typically, if they gain prescriptive easement, it is for the particular use that earned them the PE.

If you are inclined to leave it there, I would actually consider granting the power company an easement. This way you can limit it to what you want to allow.

what I would include in the easement would be:

limited to use only as it is currently used. If the lines there feed just one house, then that is all that it can be used for.

limited to current form of installation. If it's underground, that's all that is allowed. If there are no exposed monuments or equipment, none are allowed.

if the POCO needs to trench the easement to repair the existing line, they must return the surface fauna to a pre-excavation condition within 1 month of the cessation of work. Seeding is not an acceptable replacement for an existing lawn. If the existing plants are destroyed, sod must be used to replace it.

If they don't want to agree, then they can move the line to somewhere that isn't on your property.


You really do need to protect your interests and not worry too much about the power company or the neighbor.

 

[154NH773]

You really do need to protect your interests and not worry too much about the power company or the neighbor.

Overall good advice from justalayman.

You should look into your current easement for your own power. Usually the power company will have you give them an easement that allows them to do almost anything. In other words, you may have already granted them the right to lay lines on your property to other properties. Don't go by what a lineman told you. Talk to their legal department, and ask to see documents.

Ask her what she's willing to pay for the land. "Market Value" is meaningless because there really is no market for a corner of a piece of land.

Wrong. You decide if you want to sell, or grant an easement; and make them pay what you decide. What is your land assessed for per square foot? That might give you a starting point.

I would rather leave things status quo.

I am amazed when I hear people who feel pressured to accomodate others by giving up their land. IT IS YOUR LAND, DO WHAT YOU WANT! You are under no obligation to your neighbor, or the power company.

 

[Otto_2000]

The reason I'm even thinking about parting with the land is because these people are VERY pushy and can be nasty. I'm not so concerned about the owner because I could easily stand up to her, but her son is downright, nuts and he's big and intimidating. I oftentimes hear him screaming at whoever it is he's screaming at, at the top of his lungs. He disregards everyone in the neighborhood when they've asked him to drive slower across their row because they have small children. He deliberately speeds to spite them. His 5 dogs have killed EVERY chicken and fowl in the neighborhood, including attacking mine, on my property. They roam as a pack and that is their only goal. Killing chickens. Animal control has issued warnings for him to contain the dogs and he does for about a week then lets them go roaming again. Now, he's added another big dog (Pyrenees) to look after the 8 or so sheep he just got. Now the sheep and the dogs come down to my property. I did call animal control and they have issued him a written warning and they told me if it happens again, they will issue a warrant for his arrest and said I could give the warrent to the judge and they will pick him up. I didn't understand that. So, I'm kind of concerned that he might spite me and my animals. He is definitely the type to get even. I just picture him letting his dogs go after my horses, or worse yet, poisoning them, as they will be on that side of the property soon. Though my horses would probably stomp them to death, I still don't want to deal with that. UGH.

 

[154NH773]

And... you think by giving him a piece of your land his personality will somehow change?

 

[alligatorob]

I once sold a neighbor a small piece of my lot for a similar reason. I just figured out what my property was worth on a square foot basis and that’s what I charged them, ie if your lot is worth $100,000 and this is 1% of your lot $1,000. I also required them to pay all the survey and replatting costs. I thought that was fair and so did the neighbor. This is just what I did, what you do is of course up to you and as others have said you should value the ground at whatever its value to you is. Just be sure the neighbor ends up paying that price plus whatever it costs to get it done and the deeds fixed.