Easement Question

[wyomingcowboy]

Wyoming property law question. Does a utility easement include water? I own a small ranch divided into two parcels and separated by a neighbors ranch land. I have a well on one parcel of land and would like to place a pipe across my neigbor's land via a utility easement to reach my other parcel of land. The previous landowner owned all the land and reserved an easement for utilities along a road right of way. There exists a ten foot easement which was reserved for utilities. My question is does this easement entitle me to trench a water line to my other parcel of land through a utility easement? Any advice or info. is greatly appreciated.

[danno6925]

More likely than not the easement was created for municipal utilities like electric and telecommunications wires, or sewer systems.

A good idea might be to just ask the owner to deed you a small strip of land that would allow your pipes to run through his land unseen. Also inquire about an easement to be used in the even repair is necessary if that's agreeable.

CAVEAT - if you do end up trenching your water line through that easement, you will have to notify the local "one-call" service in order to locate what's there already. (Gas pipelines, electric, telecomm, etc.)

Also, if work on the pre-existing lines is ever required, they will not know your line is there since it's a private water line. I've seen it happen in Pennsylvania before!

[HomeGuru]

Originally Posted by wyomingcowboy

Wyoming property law question. Does a utility easement include water? I own a small ranch divided into two parcels and separated by a neighbors ranch land. I have a well on one parcel of land and would like to place a pipe across my neigbor's land via a utility easement to reach my other parcel of land. The previous landowner owned all the land and reserved an easement for utilities along a road right of way. There exists a ten foot easement which was reserved for utilities. My question is does this easement entitle me to trench a water line to my other parcel of land through a utility easement? Any advice or info. is greatly appreciated.

**A: you need to actually read the recorded easement agreement for specifics.

[wyomingcowboy]

[quote=HomeGuru]**A: you need to actually read the recorded easement agreement for specifics.

The easement is recorded as "GRANT OF EASEMENT" and includes the following language, "Grantor specifically reserves the right to said easement for itself, successors and assigns to provide access and utilities to each and every part, parcel and portion of said Dominant Parcels" the dominant parcels are the lands I own. I have asked the landowner but have been told they are not agreeable to this.

[landbaron]

According to the language in your grant easement you definitely can place the water line across the easement. This easement is intended to be utilized for such things as water, sewer and electricity. Your parcel of land is a dominant parcel. It wouldbe best to contact your neighbor first and let him know. If he disagrees you can establish your correctness by showing him the Grant of Easement. Water has always been considered a utility.

[HomeGuru]

[quote=landbaron] According to the language in your grant easement you definitely can place the water line across the easement. This easement is intended to be utilized for such things as water, sewer and electricity. Your parcel of land is a dominant parcel. It wouldbe best to contact your neighbor first and let him know. If he disagrees you can establish your correctness by showing him the Grant of Easement. Water has always been considered a utility.[/QUOTE

**A: read the post again. The Grantor reserved the easement for him only.
Not the other way around.

[wyomingcowboy]

[quote=HomeGuru]

Originally Posted by landbaron

According to the language in your grant easement you definitely can place the water line across the easement. This easement is intended to be utilized for such things as water, sewer and electricity. Your parcel of land is a dominant parcel. It wouldbe best to contact your neighbor first and let him know. If he disagrees you can establish your correctness by showing him the Grant of Easement. Water has always been considered a utility.[/QUOTE

**A: read the post again. The Grantor reserved the easement for him only.
Not the other way around.

The grantor reserved the easement for successors and assigns. I was assigned the land in a warranty deed therefore the easement does continue for perpetuity. The easement was not for the grantor only, otherwise the utility easement would extinguish upon sale of the property. Successors and assigns has always included future owners

[Shirley]

Hi, my name is Shirley and I live in California. I own my home which includes an easement driveway. I was told by the previous owners that I own the driveway and can park on it. There is a garage that has two sliding doors with a partition in the middle to divide the garage. My neighbor has one side of the garage and me the other. I was told I own the driveway and can park on it, and he has the right to walk on it but cannot park on it. His rights are only to walk on it to get to his garage. The driveway is completely next to my house and I have the better access. My question is...what can I do to revoke his rights completely so I can have complete rights to the driveway and the complete garage. I would like to disconnect myself from him so there are no more problems now and in the future for the next potential owner. I just bought the house 6 months ago.

thank you,

Shirley

[nextwife]

Start your owen thread, instead of posting to someone elses year oild thread, and we'll be happy to answer.