Unnecessary Easement

[al_red]

I own 2 empty lots. An adjacent owner (Mr. Doe) has a perpetual easement for his drain field that stretches across these lots and makes them unbuildable (his tank is on his property but the drain lines are on mine). These lots exist in a 200 home development where city sewer and water is available. Mr. Doe's home was built long before the developement. Mr. Doe wants to keep his well water and will not remove the easement for any price. If I tie his drain field into the city's sewer system (with permission of the Health department) how do I force Mr. Doe to remove the easement since it would no longer be necessary? Any advice would be greatly appreciated.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by al_red:
I own 2 empty lots. An adjacent owner (Mr. Doe) has a perpetual easement for his drain field that stretches across these lots and makes them unbuildable (his tank is on his property but the drain lines are on mine). These lots exist in a 200 home development where city sewer and water is available. Mr. Doe's home was built long before the developement. Mr. Doe wants to keep his well water and will not remove the easement for any price. If I tie his drain field into the city's sewer system (with permission of the Health department) how do I force Mr. Doe to remove the easement since it would no longer be necessary? Any advice would be greatly appreciated.<HR></BLOCKQUOTE>

Both Mr. Doe and the respective regulatory agencies must first agree. Once Mr. Doe is connected to the City sewer system, the drain field is no longer needed. Only if he agrees that the easement is no longer needed, can you agree to extinguish it. Does the property zoning allow him to build a second unit or outbuilding on his property that may need to use the drain field at a future date?

 

[al_red]

Since city sewer and water are available the North Carolina Health Dept. will not issue Mr Doe any new permits or a permit to fix the system should it fail. He is allowed to perform minor repair work on the system. Mr Doe will not agree to anything - he is unreasonable. I have offered him (in writing) $$, a subdivided piece of my land and even to pay his water/sewer bill for 50 years! His response is "I do not have to do anything". Is this true? There must be a way to force Mr Doe to not impede the progress of land developement unnecessarily. Especially land where he does not own the deed.

 

[al_red]

Mr Doe will not be issued any new permits from the North Carolina Dept of Health. In fact he will not be issued a permit to repair his septic system should it fail since his drain field is on property annexed by the city and sewer/water is now available. He is however allowed to do minor repair/maintenace work on his system (which is what the easement is for).
I have tried to reason with Mr Doe. I have offered him (in writing) $$, a subdivided piece of my land, and even to pay his sewer/water hookup and bill for 50 years! Mr Doe's response is "I do not have to do anything". Is this true? There must be a way to force Mr Doe not to impede the progress of Land Developement unnecessarily. Especially on land where he does not own the deed.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by al_red:
Mr Doe will not be issued any new permits from the North Carolina Dept of Health. In fact he will not be issued a permit to repair his septic system should it fail since his drain field is on property annexed by the city and sewer/water is now available. He is however allowed to do minor repair/maintenace work on his system (which is what the easement is for).
I have tried to reason with Mr Doe. I have offered him (in writing) $$, a subdivided piece of my land, and even to pay his sewer/water hookup and bill for 50 years! Mr Doe's response is "I do not have to do anything". Is this true? There must be a way to force Mr Doe not to impede the progress of Land Developement unnecessarily. Especially on land where he does not own the deed.<HR></BLOCKQUOTE>

This John Doe knows his rights. Be careful as I have seen his name on numerous legal complaints along with his wife Jane Doe.

Mr. Doe does not own the deed to your property but he does have an interest in your property via the perpetual easement.
You know he hates progress. He is well within his rights to sit on his front porch in his rocking chair, smoking his corncob pipe and repeating " I do not have to do anything. Leach field, peach field, I do nothing."