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developer wants an easement

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2k2dggr

Junior Member
What is the name of your state?Pennsylvania. A 150-200 house plan ($250,000 and up) is being put in behind our property. The developer contacted us and want an easement to come in 20 feet onto our land to connect to a sewer line there. What would be a reasonable amount of monetary compensation to ask for to allow him to do this? Thanks, 2k2dggr
 


There is not set amount. Take no less than you would want for the inconvenience but try and get as much as you can. Does the developer have other equally easy options to get to the sewer? If so he may not pay you much, if not he might. If it is not too much of a problem for you to have this cross your yard try 5k and require him to fix all damages to your lawn, fence, act. If this crosses your driveway, swimming pool or someplace where you want to build in the future or something else important ask more or just say no.

Remember this is not just a one time thing; you will be giving up the easement forever, if in a few years the sewer needs to be dug up you won’t be able to stop it and may not be able to get your lawn or whatever fixed. You will be forever giving up your right to build that tennis court or whatever there.

Consider this advice to be worth what you are paying for it.
 

2k2dggr

Junior Member
easement

Thanks, I consider your advice to be very good. The developer does have other options, but they would most likely be much more difficult to access and more costly. The borough 'prefers' he access our yard. Thanks, 2k2dggr
 
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seniorjudge

Guest
HomeGuru said:
Time to hire a good real estate attorney to help negotiate.
Amen and amen. You have the big chip here; they need you, you do not need them.
 

2k2dggr

Junior Member
ongoing

Just an update- much to the dismay of senior members, I am sure, we have not contacted a real estate lawyer. Lo Siento! We have given the developer the amount we felt was reasonable($5000) , and he said 'no way!'. He has not contacted us since, but is using a borough engineer to try to influence us-the same guy that told us $250 would be reasonable in the beginning is now trying to talk us into $2500. I told him that in no way is he a mediator of financial discussions between us and the developer and to stop calling us. I also called the Borough and complained that I am tired of some of their persons who love the phrase-'it's in the boroughs best interest'! The whole thing is getting quite amusing to me now, and I'm enjoying ruffling some feathers-my neighbors came up to us out of the blue and said-"Don't give them that easement!"....I told everyone that the ball is in the developers court, end of discussions, and no negotiating-they have our offer. Sorry so long to those with short attention spans/limited time. 2k2dggr
 

BelizeBreeze

Senior Member
and the next phone call I'd be making would be to the editor at the city desk to ask "How come the city engineer is making phone calls representing a private developer in trying to obtain easement agreements?" :D
 

nextwife

Senior Member
And remember that your use of the land where the easement lies will be limited. You will be unable to construct across the easement. No deck, fence, home additions, sheds, garages, etc across the easment line.
 
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seniorjudge

Guest
2k2dggr said:
Just an update- much to the dismay of senior members, I am sure, we have not contacted a real estate lawyer.
Apparently, you are a pretty good negotiator. Good luck!
 

nextwife

Senior Member
Of course, negotiating the price is the LEAST complicated part of the process.

The closing stuff is what MUST be done right. Do not attempt this without an attorney.

For example, who will pay the survey, title costs and closing fees? Make CERTAIN that any written agreement is clear about this. The easement needs to be prepared, described legally, and the easement language is important to avoid future disagreements and problems. What about your current mortgage? That lender must agree to the easement, and be a signatory, as it may materially affect their collateral.
 
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2k2dggr

Junior Member
Thanks to all who have replied- The land in question is unusable, as it is a the bottom of a wooded valley next to a stream. I would definitely seek out an attorney if this ever comes close to a contract. We already have a list of stipulations regarding pathway approval, replacement (to the best of their ability) of trees,etc.,legal fees.. Xtra thanks to BelizeBreeze who gave me something else to do when this is all finalized one way or another...2k2dggr
 

2k2dggr

Junior Member
End of story

We did finally make an agreement with the developer, for $2000 to access 20 ft of unusable property for a sewer line easement. I would have pushed for more, but the 'other half' was tired of hardball tactics and thought that it would not work. Oh, well...Thanks to all members who gave advice. 2K2DGGR
 

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