<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by GaryWB:
What rights do I have regarding buying property and finding that there is a non-documented easement through the property for a sewer line which is now ruptured? When I followed up on this I was told that "easement by prescription" allowed them to come on the property and dig up and fix the line even though no documentation has ever been provided which gave them the right to lay the line in the first place.
<HR></BLOCKQUOTE>
My response:
I presume you are talking about a Utility Company. An easement by prescription ("the Easement") can be created by constant use of land, or a portion thereof, for a walking path, or an underground pipeline, usually for a lengthy period of years - - in some States it's a minimum of 5 years, and in other States it's a minimum of 20 years - - if there is no objection by the landowner. It's akin to a right to use land by "adverse possession."
The landowner before you either forgot about it, or didn't even know that the pipe was there - - the owner before him may have the answer. The easement may have been there for 50 years - - who knows?
If the easement does not affect you; i.e., if they repair the pipe, and it's deeply buried, what's the problem? So what?
Suffice it to say, you took the land with all known and unknown problems (if you even want to call this a problem) and their use of the land for the pipe, and it's maintenance, is immemorial.
IAAL
------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."
