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Utility, Drainage Easement/Lawn Maintenance Easement

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B

bcollier

Guest
Crew of 3 and a Back-Hoe in my yard??

What is the name of your state? Indiana

Question on:
Utility, Drainage Easement/Lawn Maintenance Easements

This morning I walked out of my house and found a crew of 3 trying to get a back-hoe into my backyard...

Approximately 2 months ago my home owner’s management company requested a 3 inch wide underground easement on my property. The association wanted to install a fountain in the retention pond behind my home and needed the easement to run the electrical power source from the street to the fountain. I confirmed with them that the cable would be underground and would have no long lasting changes on my property. I granted the written 3 inch easement request with the stipulation that everything be under ground.

From what I understand the expense of installing the underground/underwater fountain system they desired was more then they budgeted for. Instead, they ordered and started to install an above ground bubbler system. The wiring for the system is underground but an above ground "Bubbler/Filter/Timer" is needed. They have offered to cover the equipment with a steel 3x3 electrical shed. I requested that they install the original underground equipment or none at all. I was told that if they could not put the needed equipment on my property that they would install it in what they are now calling "Common Area" directly behind my home. My completed survey shows my property going to the water line. On the survey there is a ten foot "Utility, Drainage and Lawn Maintenance Easement" from the waters edge up.

I have requested the association immediately stop installation of the fountain. I have also denied the initial easement they requested and have.

Can they legally use the “'Utility, Drainage and Lawn Maintenance Easement" on my property to install this above ground equipment?
:confused:
 
Last edited:


FarmerJ

Senior Member
Your best bet is to have a local lawyer look at the whole thing . you know every state has different laws . You posted >>The survey shows a ten foot "Utility, Drainage and Lawn Maintenance Easement" from the waters edge up. <<< so maybe a local attorney can review for you and make sure thats exactly all they can do and help you with preventing them from placing any structure on your land . you know 3 inches deep isnt very deep for electric lines to be burried does that meet your states code ?
 

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