• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Easement issue

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

bntringa

Junior Member
What is the name of your state (only U.S. law)? Illinois

Hello, I own a lot adjacent to my home that the city holds an easement for because part of it is designated at storm run-off. A homeowner is now installing a water line across my property and has not requested or obtained an easement from me.

Because the city has an easement, does it then apply to the homeowner's needs as well or does the homeowner need one separately?

The work is being done by a 3rd party contractor and NOT by the city (also hired/paid by the homeowner).

Thanks!
 


drewguy

Member
No, they should not have that right,unless the terms of the easement are atypical (what does it say?). The easement the city holds generally applies only to the city. And if it's for a specific use, then only for that use.

Now, is the water line being connected to the city water line, and would it be owned by the city? It is possible that the water/sewer authority has a general right to cross property to install water lines.

Can the homeowner run the water line elsewhere? Why are they running it across your property?

I would tell the contractor to stop immediately until they show you some basis for doing it. It will be a lot easier than forcing them to dig up the line.
 

FarmerJ

Senior Member
Contact your city hall permit desk and the public works desk at water dept and learn if a permit was filed If none was filed then you want to know if under any circumstances a homeowner can have a water line installed through someone elses property. Then tell them about this install, they may have a ord that requires homeowners to install from there own land toward the street and if so then the contractor could not only be forced to stop but to redo the job. If your city has a special provision in its ords that allow for installs over third party land then learn all you can about what they have to do and INSIST this contractor cease the work with a threat of suing them for damaging your property. ( your public works dept can also tell you if there is city water main infront of that persons lot and if there is any reason that homeowner cannot tap directly to it)
 

bntringa

Junior Member
Thanks for the great feedback. To bring you up to speed, the contractor has now installed the water line across my property and the homeowner has received a letter from the city instructing them that they will now need an easement agreement with me to maintain the water line in the future.

What is included in a typical easement for this? Essentially, only allowing them the right to come on to my property to maintain the line in the event of a problem?

Is it typical to receive some payment from the homeowner for the granting of this easement?

I will also not sign the easement until my land has been restored to its original state. Right now, it is destroyed - about 40ft wide from the front to the back of the property, about 200ft.

Thanks!
 

drewguy

Member
You can name your price. They have no right to obtain an easement from you, and you are not obligated to grant one to them. In this case, because you can't really use the land to build anyway it might be worth considering taking money. Otherwise I would be extremely wary of doing so. They should be willing to pay up to the cost of removing the pipe and relaying it elsewhere, since it would be cheaper to fix their problem that way.

I would start by writing your own letter pointing out they their water line crosses your property, they trespassed to install it, caused damage to your property, and they should remove it immediately and relay the pipe elsewhere. Note that you will sue for the cost of removal and attorneys fees and court costs if it is not removed within 30 days. You may wish to hire an attorney to write this letter.

They may come back seeking an easement. But you are in the position of being able to dictate terms.

As to maintenance, if you decide to sell them an easement 1) it should be their obligation not yours and 2) you should allow access only for maintenance, with a requirement that they restore to existing conditions after any maintenance that they perform (i.e., they can't just dig up a hole).
 

154NH773

Senior Member
If it is indeed correct that your neighbor had no easement right to cross your property; then you are within your rights to demand they remove the waterline and restore the property to its prior state.

The waterline under your property diminishes your property value, and you should NEVER give a valuable right away for nothing.

If you agree to give an easement, you should determine the value and charge them accordingly. Remember, if they have the right to maintain the waterline, they could dig it up in the future, and you would probably lose the right to place anything on the property the easement crosses. It could affect the future value of the property should you try to sell it.

This is YOUR property; I assume you pay the taxes, and will continue to pay the taxes in the future. Why would you let someone steal your property from you. Get a lawyer.
 

justalayman

Senior Member
=bntringa;2507091]Thanks for the great feedback. To bring you up to speed, the contractor has now installed the water line across my property and the homeowner has received a letter from the city instructing them that they will now need an easement agreement with me to maintain the water line in the future.
did you ever discover if the city has some right to allow the installation? Generally they do not.

What is included in a typical easement for this?
you need to include what rights and limitations you are allowing or imposing upon the use of the easement. I would limit it to access only for inspection and repair of the line. That way, they do not start using it for a common walkway and claim they have an easement if it would be possible to abuse it as such.

Essentially, only allowing them the right to come on to my property to maintain the line in the event of a problem?
that would be a good start. Along with that, a requirement for the area to be returned to the same condition as it was before any work was done. That way, in the future, if there is need to dig up the line, it is already known they must return the land to the prior condition. You can even include how it is repaired if you want. Some easements require an area be sodded if the existing grass is disturbed simply because that is the closest you can come to repairing an existing lawn to a condition it was before it was disturbed.

You can also limit the area of the easement. That way they don't simply drive willy nilly all around the area with vehicles should they need to have a vehicle in there for a repair. The better it is defined, the more protection and control you have.

Is it typical to receive some payment from the homeowner for the granting of this easement?
it is common but simply put: it's up to you.

I will also not sign the easement until my land has been restored to its original state. Right now, it is destroyed - about 40ft wide from the front to the back of the property, about 200ft.
I wouldn't either.
 

bntringa

Junior Member
Thanks all for the great responses.

How much ($$) is a say 10ft by 200ft easement worth? Is there some guideline or precedent to consider?

From what I understand, the homeowner has already paid approx $5,000 to the plumbing contractor for the work and the "alternative" would be double that due to distance and complexity of work.

There were several "wrongs" committed here:
- The city contacted the property developer to request permission to dig and was granted that permission (apparently the developer forgot that he sold me the lot 8 years ago).
- The city failed to complete its own analysis and due diligence to confirm the owner, and granted approval to the 3rd party contractor to complete work.
- When I notified the city and contractor that they were working on my property, they failed to notify the homeowner of their ultimate responsibility to rectify the situation with us.

Apparently, the homeowner was kept in the dark by the developer, the city, and the 3rd party contractor.

A big mess for sure and I'm not convinced of who is going to fix this now.
 

justalayman

Senior Member
since the city has the easement for the lot due to the storm run-off situation, does the new water line restrict your use of the lot any greater?

If not, you do not truly lose much. Your actual damages would be much less than if the water line actually prevented you from using part of the lot either now or in the future.

If you do not truly lose anything, a lot of what you demand for payment of the easement would depend on you. If the neighbor is a jerk, it would get pretty expensive. If the neighbor is your father, I am sure you wouldn't expect anything. So, what is a lot? well, look back to drewguys post.
 

drewguy

Member
How much ($$) is a say 10ft by 200ft easement worth? Is there some guideline or precedent to consider?
What would 2000 sq. ft. of property/land cost in your area? That's a starting point. Increase the amount if by granting the easement you would create further limits on building (not applicable here, but say the easement went through the middle of the property, preventing a house that goes across it), making the easement effectively larger than the stated amount. Decrease the amount because the land can't be developed here (it's for drainage).

Of course the value to you (or the market) may be greater than the value to them (in terms of the costs of rerunning the pipe), which means they may not be willing to pay what you ask.

Also, on the massive messup by lots of parties--that's their problem not yours. They built the pipe, or their contractors did. It's between them and the contractors to figure out why they didn't get the correct information. If they have to sue the town, that's their issue, not yours. (Of course, if the town is involved, they may try to pull some shenanigans in order to avoid paying for their mistake, in which case you'll want to get a lawyer.)
 

nanomug

Member
Besides monetary consideration, think long and hard about how the easement will be used by them and by you, who should maintain the area and what rights each party has. The more detailed the easement the less problems in the future. Since they might have to dig up the area, consider the blight that may happen.

Have those wanting the easement to pay for all costs in granting the easement including attorney and survey costs.

I recommend asking for more than the property is worth. The more they pay, the more likely they will abide by the terms of the easement.

If they don't like what your terms are, tell them nicely and politely that they can remove the existing pipe or go to court.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top