easement

A large long distance phone company has a 10' easement on the back of our small urban lot. They want an additional 6.5' to lay another fiber optic cable. 1) Can we deny them the additional easement, forcing them to use the existing easement? 2) Would they be able to sue or otherwise force us into granting the easement? 3) What would be a fair price (per linear foot) for the new 6.5' easement? 4) Should I consult an attorney on the matter, or is the standard easement form they presented typically safe to sign?

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by nm:
A large long distance phone company has a 10' easement on the back of our small urban lot. They want an additional 6.5' to lay another fiber optic cable. 1) Can we deny them the additional easement, forcing them to use the existing easement? 2) Would they be able to sue or otherwise force us into granting the easement? 3) What would be a fair price (per linear foot) for the new 6.5' easement? 4) Should I consult an attorney on the matter, or is the standard easement form they presented typically safe to sign?<HR></BLOCKQUOTE>

My response:

This happened to me with a private cable company. They wanted an extra 3 feet wide, by 63 feet long stretch of ground. They presented me with an easement paper to sign. I told them, "No way." Instead, I said, "I'll enter into a licensing agreement with you." A deal was hammered out under a "license" - - they paid me $14,500 for the first five year term on the license, with annual payments of $3,000.00 per year thereafter, for a maximum license term of 15 years, with an option to renew for another 15 years (of course, with certain increases attached). The license was recorded, I've been paid (and am still being paid - right on time) and you can't tell the difference. The lawn looks just as beautiful as it ever did.

Oh, and for anything like this, of course, see an attorney before you enter into any kind of agreement (or even if you don't).

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."