easment rights of city

What is the name of your state? Alabama The City of Millbrook has had an easment down the property line between my neighbor and I for years and they have always walked down to a sewage pump at the bottom of the hill. Any time major work had to be done the city came in another way to the station. Today a city employee informed my wife that the city was going to cut down three of our tees and construct a road down to the pump. There is only about thirty to forty feet between my neighbors house and mine and the road will come within ten feet of my house, is this legal or can I stop them before they destroy the value of my home ?

millbrookquandr said:

What is the name of your state? Alabama The City of Millbrook has had an easment down the property line between my neighbor and I for years and they have always walked down to a sewage pump at the bottom of the hill. Any time major work had to be done the city came in another way to the station. Today a city employee informed my wife that the city was going to cut down three of our tees and construct a road down to the pump. There is only about thirty to forty feet between my neighbors house and mine and the road will come within ten feet of my house, is this legal or can I stop them before they destroy the value of my home ?

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You did say they have an easement, correct? Was it in place when you bought the place?
If both of the answers are yes, then this shouldn't be a surprise.

millbrookquandr said:

Today a city employee informed my wife that the city was going to cut down three of our tees and construct a road down to the pump. There is only about thirty to forty feet between my neighbors house and mine and the road will come within ten feet of my house, is this legal or can I stop them before they destroy the value of my home ?

Click to expand...

Hmm..Not quite fluent in this.....but if I am wrong, I will be corrected.

Do you have a current survey of your lot?
If so, does it state the parameters of the utility easement or any easement?

I don't know...could be wrong...but I am willing to bet that the survey of your property will state all easements, including utility.

I suggest that if a utility is trying to impede on your property you deny them entry, UNLESS they supply paperwork that grants them access.

If in review of your survey...that you find they have every right to the property....Then let it be.

If there is no agreement or stipulation about utility easements....Then start negotiations for the sale of your property that they want to use.

Personally, I believe that you need an attorney...not an internet forum.

If you or the prior owners were planting trees, placing fences or other improvements within their easement, YOU were in the wrong. If the trees are, in fact, in the easement area, they interfere with the easement and the access the easement was intended to provide. The trees should never have been planted threre.

Out of curiousity, did you then, or have you even now, actually pulled out and READ the language of the easement shown in your title policy?