Easement prevents us from enjoying our property

[jstuntz]

What is the name of your state?What is the name of your state? LA
When we purchased our home 3 years ago we were informed of a 24 foot right of way that crosses our back yard. (Cuts it in half diagnolly and is 8 feet off from where the survey said it was) ) Before closing on the sale I verbally asked the r/w owner (Gulfsouth Pipeline) if this would prohibit us from installing an inground pool later on. They said absolutely not as long as the pool (concrete deck could be) was not directly on top of the pipeline and we allowed them access for repairs whenever needed.

I now have contracted for the pool to be built, obtained parish permits, invested several thousand dollars into having other utilities moved, etc only to be sent a certified letter stating that not only can I not encroach the 24 feet with a pool... But basically with anything... fencing, vegetation, concrete patio, etc.

Please note that both our concrete driveway and fence DO cross on top of the R/W.

Do I have any options here? We would NEVER have bought this property if we would have been told this 3 years ago. Doesn't this affect my property value?

Please help! I cannot believe that I basically cannot use over 2000 square feet of my own yard! That's 20% of my lot!

 

[John Se]

have you contacted the Pipline company

time to get in contact with some real people at the pipeline company. basically I have seem them say do what ever you want, but beware if they have to get in ther and repair a pipeline then they will tear up whatever they need to and not repair it. So practically if you know exactly where the pipeline actually is, then leave enough room for a backhoe to get in there and build your pool. Do you feel lucky? those ROW get dedicated very large initially to make it easier for to locate the lines and after they are in they can usually live with an actual smaller ROW.

 

[Greg 2]

Remember the OJ rule....it isn't what was said [asked/answered] it is what you can prove...ie...you were 'on top of things' when you asked at closing, but you needed to get the reply in writing...words change but ink on paper doesn't.

Best of luck
Greg

 

[jstuntz]

What can they do if we put in the pool anyway?

LA What if we put the pool in anyway... Of course leaving say 3-4 feet of space away from the pipeline just in case they do need to get to it. Can they force us to remove it? How?

Their attorney sent us a certified letter stated that it must stay at least 12 feet away from the center of the pipe on both sides. We applied for a permit to encroach the rw by 6 feet on one side from them and they have refused.

Don't we have any options here? Do I hire an attorney?

 

[John Se]

Youl'l never get permission

And they may get notified when you apply for a permit, and they its no permit cause the city wont let you. If you want to just do it with the knowledge if they need to get at the pipe they may tear up whatever is around it to make it easiest for them to get to the job. All depends on the guys doing the job, If you give they guys digging up the pipes (if ever) doughnuts in the morning and beer at the end of the day (or $50.00) they might be as careful as they can. Also do you notice any of you neighbors encroaching? sticky situation, not sure how I would proceed