Easements

[ralphd77]

What is the name of your state (only U.S. law)? MA. I have a piece of land and I am about to build a single family house. I purchased the land in 2004. I recently found out that the city has a 15" drainpipe on my property and there was never an easement filed or requested with any of the prior owners. The city has agreed to pay to move this pipe but that they will want an easement to be able to put the pipe on my property in another location. My lot is 3400 sq ft (40' x 85') and the easement they want will be 850 sq ft(10' x 85'). The city said they will need to do an independent appraisal. I bought the land for $135,000 and it has been assed for $136,200 in year 2008. I know that the assesd value and the market value will be different but the appraisal company came back and said that the land value is $75,000.00 for the total 3400sq ft and that the 850 sq ft needed for the easement is $18,700 but since this easement will be contained in my side setback that they can use the easement methodology and take a 20% discount for limited bundle of rights and come up with a figure of $3,800.00.My set backs are 15' (5' +10') total on both sides and 15' front nd 20'rear. How can it be that they only will pay me 20% of their already low assesment. I thought land is land. There is no diference when the total value is figured out with or without setbacks and also for tax puurposes, so how can it figure into an easement?What is the name of your state (only U.S. law)?

 

[HomeGuru]

What is the name of your state (only U.S. law)? MA. I have a piece of land and I am about to build a single family house. I purchased the land in 2004. I recently found out that the city has a 15" drainpipe on my property and there was never an easement filed or requested with any of the prior owners. The city has agreed to pay to move this pipe but that they will want an easement to be able to put the pipe on my property in another location. My lot is 3400 sq ft (40' x 85') and the easement they want will be 850 sq ft(10' x 85'). The city said they will need to do an independent appraisal. I bought the land for $135,000 and it has been assed for $136,200 in year 2008. I know that the assesd value and the market value will be different but the appraisal company came back and said that the land value is $75,000.00 for the total 3400sq ft and that the 850 sq ft needed for the easement is $18,700 but since this easement will be contained in my side setback that they can use the easement methodology and take a 20% discount for limited bundle of rights and come up with a figure of $3,800.00.My set backs are 15' (5' +10') total on both sides and 15' front nd 20'rear. How can it be that they only will pay me 20% of their already low assesment. I thought land is land. There is no diference when the total value is figured out with or without setbacks and also for tax puurposes, so how can it figure into an easement?What is the name of your state (only U.S. law)?

**A: is the drainpipe used for another subdivison(s)?

 

[tranquility]

You have a negotiation scenario. Negotiate. Your only other option is to litigate.

 

[ralphd77]

**A: is the drainpipe used for another subdivison(s)?

the drainpipe is being used by the city to drain all the rain water for the entire neighborhood

 

[HomeGuru]

the drainpipe is being used by the city to drain all the rain water for the entire neighborhood

**A: then you may be fighting an uphill battle. Search condemnation and eminent domain.