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Utility Easement - There is none!

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What is the name of your state? New York.

We're in the process of building a new home and it's come time to hook up the electrical service. I've received notification from the local electric company informing me that they do not have an easement to our property. After an exhaustive search, it turns out this is true... when they subdivided our lot 20 years back, they failed to carry over any sort of path for utility service.

Our Contract of Sale on the land states "Pursuant to Section 242 of the Real property Law, seller represents that the premises are serviced by utility electric service and that there is no utility surcharge assessed to the premises."

Our neighbors (who, btw, are complete jerks) have the nearest power pole, about 25 feet from our property line. They've agreed to sign an easement, but only if we fulfill a list of demands that includes extensive landscaping and upgrading the electric service to their existing house.

Do I have a case here? I want to start proceedings against someone - anyone - who can be held responsible for this mess. Who do I go after... the previous owner? The realtor (who was working for both us and the seller on the deal)? And isn't what the neighbors are trying to pull commonly called "extortion"? Help!
 


seniorjudge

Senior Member
Were you surprised when you looked on the binder/commitment for the land and noticed there was no easement for utility purposes?

In any event, it sounds like the sellers may have misled you.

I'd be talking to a real estate attorney.
 
Surprised? Yuh HUH!

All of the documentation on the land, pre-sale and post, said that there was utility service on-site. So you bet we were surprised when we were told otherwise.
 

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