easement rights

What is the name of your state? Alabama

Hi Everyone,

I live on a piece of property that the local water board has a 20 foot easement to get to and from their water tower. The water board has leased space on the water tower to a local cell phone company. Now the cell phone company is coming and going as they please. Since the water board has an easement on my property can they allow anyone to come and go like that? Seems like the cell phone company would have to have our permission and not the water boards permission. Any advice will be appreciated.

Thanks,

Bennett

Only by reading the exact language of the easement agreement can we advise you as to your and the water district's rights.

I have all the documents. I have my deed and a copy of the water departments deed.

On my deed, after the property description it has: Subject to: A 20 foot wide easement evenly off the northwestboundary for ingress and egress to the water works property. (ban)

On the water boards deed it has, the property description which contains, also, a 20 foot easement for a road and for the installation, maintenance, repair and replacement of water mains and pipes, and then the description of the easement.

I can scan these docuemnts of type them as they are if it will help any.

Thanks,

Bennett

If that is ALL it says, then the water district is out of bounds and they do not have the authority to grant co-easement rights.

I would take the deed and agreement to a local real estate attorney for a review.

I have an appointment Monday with the attorney who made the deeds, mine and the water boards.

Assuming the the water board does not have the authority to give the cell phone company co-easement rights, can I grant the cell phone company easement rights for a price?

I've looked into trying to stop the cell phone antenna all together and really think that would be a losing battle.

Thanks alot,

Bennett

Update. Monday I talked the secretary of an attorney. So far I still haven't heard from that attorney. I at least have another appointment with a different attorney next week if the first falls through. Tuesday night I talked to a parralegal friend that at lease confirmed that the water dept. doesn't have the authority to grant access to my land.

But the big news is that I talked to the attorney who represents the cell phone company. This happened by accident. He thinks that since he is renting space from the water department that he is entitiled to the easement rights as well. I think he is still wrong. He said he was going to look into it and get back with me. I'm awaiting his call.

Normally they cannot place an additional burden on your property. While it depends on the exact language, you may have a good case.