CuckoosNest
Member
What is the name of your state? New York
I'm in the process of building a second home that is nearing completion. When my builder requested electrical service, we were told by the power company that no utility easement existed for the property. It seems that when the property was divided in the 80's from the lot nextdoor, a driveway and corresponding right-of-way were deeded, but the utility easement wasn't. Currently, the powerline ends at a pole smack in the middle of the property nextdoor - the same property which our driveway/ROW runs through.
I began working with the electric company and the neighbors who own the right-of-way to come up with a viable plan. At the neighbor's request, we went as far as to plan for underground service, and route the cables so that nearly no damage would be done their grounds. I would, of course, take care of the costs, which were estimated to be around $2000.
Now the nextdoor neighbors have changed their minds and will agree to sign an easement, but only if I agree to do an estimated $22,000 in improvements to both lots. These improvements include extensive landscaping and electrical upgrades to their house while I am hooking up my own. They also want the power pole moved (for no real reason), trees planted around the new pole (minimum 15' in height) and a guarantee that I'll install a privacy screen on my deck. In short, it's extortion. (The neighbors have, however, noted that they feel that their "good will" is worth as much as $50,000... their figure, not mine.)
I am, of course, looking into running the line via another neighbors property. My question is this: If my other neighbors balk, leaving my property landlocked from utilities, would I have much of a case if I sued the neighbor with the power pole for an Easement by Necessity? Our properties were most definitely part of the same parcel at one time, and I can prove great hardship without electrical service.
Additionally, my contract of sale on the land where the house is being built states "Pursuant to Section 242 of the Real property Law, seller represents that the premises are serviced by utility electric service and that there is no utility surcharge assessed to the premises." Seems I have a case here as well... but against who? The previous owners? Their realtor?
Many thanks for your help... let me know if I can provide any other details.
I'm in the process of building a second home that is nearing completion. When my builder requested electrical service, we were told by the power company that no utility easement existed for the property. It seems that when the property was divided in the 80's from the lot nextdoor, a driveway and corresponding right-of-way were deeded, but the utility easement wasn't. Currently, the powerline ends at a pole smack in the middle of the property nextdoor - the same property which our driveway/ROW runs through.
I began working with the electric company and the neighbors who own the right-of-way to come up with a viable plan. At the neighbor's request, we went as far as to plan for underground service, and route the cables so that nearly no damage would be done their grounds. I would, of course, take care of the costs, which were estimated to be around $2000.
Now the nextdoor neighbors have changed their minds and will agree to sign an easement, but only if I agree to do an estimated $22,000 in improvements to both lots. These improvements include extensive landscaping and electrical upgrades to their house while I am hooking up my own. They also want the power pole moved (for no real reason), trees planted around the new pole (minimum 15' in height) and a guarantee that I'll install a privacy screen on my deck. In short, it's extortion. (The neighbors have, however, noted that they feel that their "good will" is worth as much as $50,000... their figure, not mine.)
I am, of course, looking into running the line via another neighbors property. My question is this: If my other neighbors balk, leaving my property landlocked from utilities, would I have much of a case if I sued the neighbor with the power pole for an Easement by Necessity? Our properties were most definitely part of the same parcel at one time, and I can prove great hardship without electrical service.
Additionally, my contract of sale on the land where the house is being built states "Pursuant to Section 242 of the Real property Law, seller represents that the premises are serviced by utility electric service and that there is no utility surcharge assessed to the premises." Seems I have a case here as well... but against who? The previous owners? Their realtor?
Many thanks for your help... let me know if I can provide any other details.