Trying to understand and esaement

[BadLuck08]

What is the name of your state (only U.S. law)? Alabama

I own 4 acres that the local water board had a 20 foot easement across 221 feet for ingress/egress and to maintain their pipes. The water board recently rented AT&T space on the ground and tower to come in and install equipment and antennas on the tower. As the subcontractor for AT&T was digging a trench across my property I told him that this was private property and that At&T did not have my permission to lay this cable. A little while later he came back and told me that the "easement had been signed off on several months ago."

What does that mean? That the esement had been signed off on.

I am assuming that someone somewhere has given AT&T permission to use my property. How do I find out who this was. My phone calls to the deeds office at the county didn't provide any results.

Does the water board have the authority to tell whoever they wish that they can use this easement?

Thanks,

 

[Ohiogal]

What is the name of your state (only U.S. law)? Alabama

I own 4 acres that the local water board had a 20 foot easement across 221 feet for ingress/egress and to maintain their pipes. The water board recently rented AT&T space on the ground and tower to come in and install equipment and antennas on the tower. As the subcontractor for AT&T was digging a trench across my property I told him that this was private property and that At&T did not have my permission to lay this cable. A little while later he came back and told me that the "easement had been signed off on several months ago."

What does that mean? That the esement had been signed off on.

I am assuming that someone somewhere has given AT&T permission to use my property. How do I find out who this was. My phone calls to the deeds office at the county didn't provide any results.

Does the water board have the authority to tell whoever they wish that they can use this easement?

Thanks,

Go to the deeds department and look at the paperwork regarding your property.

 

[justalayman]

When easements are appurtenant (remain with the property even if it is sold), they often include a statement such as ; to their their heirs and assigns which basically means they can rent or transfer their rights.

The issue you have is: is the use by AT&T an overburdening of the easement or is it something that would have been a possible use upon the granting of the easement. As ohiogal states, to start with, you need to read the actual terms of the easement. Once you do that, post, verbatim, the terms of the grant leaving out any names or property description such that could be used to identify you.

 

[LeeHarveyBlotto]

Do you have a specific issue, or is it more a "because it's my property" kind of thing?

 

[OK-LL]

What is the name of your state (only U.S. law)? Alabama

I own 4 acres that the local water board had a 20 foot easement across 221 feet for ingress/egress and to maintain their pipes. The water board recently rented AT&T space on the ground and tower to come in and install equipment and antennas on the tower. As the subcontractor for AT&T was digging a trench across my property I told him that this was private property and that At&T did not have my permission to lay this cable. A little while later he came back and told me that the "easement had been signed off on several months ago."

What does that mean? That the esement had been signed off on.

I am assuming that someone somewhere has given AT&T permission to use my property. How do I find out who this was. My phone calls to the deeds office at the county didn't provide any results.

Does the water board have the authority to tell whoever they wish that they can use this easement?

Thanks,

Typically a water easement is granted for a specific purpose described in the Easement. While the water company may be able to give permission to AT&T to use it's equipment (water tower), it cannot expand the purpose of the Easement by granting AT&T permission to install facilities on the landowners property or to enter the landowner's property unless that use and right is specifically allowed in the Easement. Easements are typically read narrowly. You need to begin with reviewing the Easement language and you may want the assistance of an attorney who deals specifically in real estate matters.

 

[154NH773]

This is the second time you've asked this question. Here is my same answer:
There are no restrictions on what the water company may do with their property, and therefore they have the right to rent to anyone they wish, for whatever lawful purpose.

As to the right-of-way, that is not quite as clear, but generally if the use (access for rental for cell-phone antennas) could be anticipated, or does not increase the burden unreasonably, then a court would probably allow it.

If you took the added burden to court you would probably lose, but only a court can determine that exactly.

 

[BadLuck08]

When easements are appurtenant (remain with the property even if it is sold), they often include a statement such as ; to their their heirs and assigns which basically means they can rent or transfer their rights.

The issue you have is: is the use by AT&T an overburdening of the easement or is it something that would have been a possible use upon the granting of the easement. As ohiogal states, to start with, you need to read the actual terms of the easement. Once you do that, post, verbatim, the terms of the grant leaving out any names or property description such that could be used to identify you.

This is how their first deed reads: After the description of the property it says, "also a 20 foot easement for a road"

This is how their corrected deed reads: "also a 20 foot easement for a road and for the installation, maintenance, repairs, and placement of water mains and pipes"

My deed reads: "Subect to: a 20.0 foot wide easement evenly off the Northwest boundary for ingress and egress to the Union Grove Water Works Property. (ban)

That is all there is to it.

 

[BadLuck08]

Do you have a specific issue, or is it more a "because it's my property" kind of thing?

I guess my issue is this. It is my property, I have a deed for the property, I have a survey for the property, I pay taxes on the property, BUT, the water board can let anyone they desire come in and use my property, dig up my property and lay communications lines without my consent. I just don't think it is right that they can pass it on to whoevery they please.

 

[BadLuck08]

This is the second time you've asked this question. Here is my same answer:
There are no restrictions on what the water company may do with their property, and therefore they have the right to rent to anyone they wish, for whatever lawful purpose.

As to the right-of-way, that is not quite as clear, but generally if the use (access for rental for cell-phone antennas) could be anticipated, or does not increase the burden unreasonably, then a court would probably allow it.

If you took the added burden to court you would probably lose, but only a court can determine that exactly.

I've already spent money with two different attorneys which might as well been thrown in the wind and now I have an appointment with a third.

I have considered turning the place into a mexican trailer park but I'm not for sure if I can get away with that, just yet.

Yes this is the second time I have asked the question but it is a different set of circumstances. When the first cell phone company came in the didn't dig up my property, all the did was install equipment that I had to listen to 24/7 until I spent 15K on a metal building blocking the sound.

Now the sceond cell phone company has come in and dug up my property and is installing 10 times larger equipment that I will have to listen to because I can't afford to spend another 15K on another metal building that I don't need just to block the sound and view of the equipment.

I would just sell the place but I can't do that without carrying the water board to court over a land dispute because their fence is 3 feet on my property.

And now I understand that the water board is planning on sand blasting and painting the tower which I'm sure will lead to another disaster.

So once again I am on here trying to look for answers, so if you want to bash me for asking the same question with different circumstances then please go ahead and do so.

Thank you

 

[LeeHarveyBlotto]

I guess my issue is this. It is my property, I have a deed for the property, I have a survey for the property, I pay taxes on the property, BUT, the water board can let anyone they desire come in and use my property, dig up my property and lay communications lines without my consent. I just don't think it is right that they can pass it on to whoevery they please.

Thanks for the reply. The problems are that 1) you may have, in effect, given consent (see justalayman's post speaking to "heirs and assigns"), and 2) being right would be for a court to decide, which equals expensive. Good luck with whatever you decide.

 

[154NH773]

So once again I am on here trying to look for answers, so if you want to bash me for asking the same question with different circumstances then please go ahead and do so.

Didn't mean to "bash" you, but you need to understand, you bought the property with the easement. Someone in the past made money off selling the RIGHTS to that piece of property. If it wasn't you, you should have figured that into the price you paid.
Most people who complain of easements on their property say the same thing; "I own it and I pay the taxes!!!". That's right, and it makes little difference, because THEY own the rights to use the property, and the uses allowed are not well spelled out. A court would probably side with them, so you are probably wasting your money trying to fight them. Sorry, but that's reality.

 

[McBean]

...I have considered turning the place into a mexican trailer park but I'm not for sure if I can get away with that, just yet....

A trailer park for Mexicans? Or a trailer park with a Mexican theme?

Sorry for the digression, but I just have to know.