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encroaching utility line

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alotnac

Guest
What is the name of your state?What is the name of your state? Ohio

I have a purchase agreement for a home to be built. All of the permits have been issued and everything is conforming to the zoning code. On the first day of excavation, it was found that the neighbors gas line was encroaching on the property and is delaying construction. The builder offered to pay to have the gas line moved, but the neighbors refused.

The neighbors are emotional regarding the placement of the home, but all permits have been issused and everything is legal. Due to the topography of the site, there is not much room for change.

The neighbors home was built in 1994.

A title seach found there are no recorded easements for the gas line.

What would we have to do to get their gas line off the property? and are there any possible damages?
 


HomeGuru

Senior Member
alotnac said:
What is the name of your state?What is the name of your state? Ohio

I have a purchase agreement for a home to be built. All of the permits have been issued and everything is conforming to the zoning code. On the first day of excavation, it was found that the neighbors gas line was encroaching on the property and is delaying construction. The builder offered to pay to have the gas line moved, but the neighbors refused.

The neighbors are emotional regarding the placement of the home, but all permits have been issused and everything is legal. Due to the topography of the site, there is not much room for change.

The neighbors home was built in 1994.

A title seach found there are no recorded easements for the gas line.

What would we have to do to get their gas line off the property? and are there any possible damages?
**A: send the neighbor a nice certified rrr demand letter to move the gas line by a certain date or your builder will do so and they will be charged accordingly.
Add in the letter the fact that your builder offered etc., they refused, their line is encroaching and they do not have permission.
 
A

alotnac

Guest
Ultimately, if it had to go to court would they lose and have to remove their gas line?
 

HomeGuru

Senior Member
alotnac said:
Ultimately, if it had to go to court would they lose and have to remove their gas line?

**A: most likely. Is your builder the same as the one that built the neighbors home?
 

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