easement

[fubar2c]

What is the name of your state? Va
I live in a subdivision and was recently approached by Dominion VA Power that they were going to dig up my yard to install electrical cable and they had an easement. I went and obtained a copy of this easement from land records in my county (loudoun). They do infact have an easement but the easement clearly states that the purpose of this easement is to provide electric to and for the lots or subdivided lots in this tract of land, they reference it as plat # 1234565. With this easement came a copy of this plat and it only shows my sudivision. This easement does not state that it can be used to serve electrical service to another subdivision. Also when I bought my house this land they are subdividing was a farm and was not even considered being subdivided at that time, and it is the same developer as the one that did my development. Can I legally stop them?

 

[HomeGuru]

What is the name of your state? Va
I live in a subdivision and was recently approached by Dominion VA Power that they were going to dig up my yard to install electrical cable and they had an easement. I went and obtained a copy of this easement from land records in my county (loudoun). They do infact have an easement but the easement clearly states that the purpose of this easement is to provide electric to and for the lots or subdivided lots in this tract of land, they reference it as plat # 1234565. With this easement came a copy of this plat and it only shows my sudivision. This easement does not state that it can be used to serve electrical service to another subdivision. Also when I bought my house this land they are subdividing was a farm and was not even considered being subdivided at that time, and it is the same developer as the one that did my development. Can I legally stop them?

**A: possibly, but you need to have a real estate attorney review all the pertinent documents.

 

[hexeliebe]

I agree with HomeGuru

but I'd like to ask a few more question.

First, did the easement come from the local Circuit Court where you live? If so, did the order of possession come with it? If so is there also a tender offer?

These things may have been done in the original action when the farm was sub-divided but you need these copies to ascertain whether you have a case or not. If you visit the circuit clerks office and give them the name of the company doing the easement work and/or your name or the previous owner's name they can look up any cases of immenient domain processed on the property.

Once you have these documents you'll know better where you stand. The main thing to remember is that no matter whether they have the right to be there or not, just because you may not have a case againt their "taking" of the land for public use, you will still have a case against the "taker" for financial restitution in the taking.

Here's a hint. If you have an Order of Possession issued by the Circuit Court, usually in the last paragraph will be a statement by the judge that "...questions as to financial compensation will be reserved for determination by a trial." or some other such language.

 

[HomeGuru]

Re: I agree with HomeGuru

but I'd like to ask a few more question.

First, did the easement come from the local Circuit Court where you live? If so, did the order of possession come with it? If so is there also a tender offer?


**A: what are you talking about? It does not matter if the easement came from the local Circuit Court or Timbukutu as long as it is recorded and specifies the parties in use. That is why the writer needs an attorney. Do not confuse the issues.

**********
These things may have been done in the original action when the farm was sub-divided but you need these copies to ascertain whether you have a case or not. If you visit the circuit clerks office and give them the name of the company doing the easement work and/or your name or the previous owner's name they can look up any cases of immenient domain processed on the property.

Once you have these documents you'll know better where you stand. The main thing to remember is that no matter whether they have the right to be there or not, just because you may not have a case againt their "taking" of the land for public use, you will still have a case against the "taker" for financial restitution in the taking.

Here's a hint. If you have an Order of Possession issued by the Circuit Court, usually in the last paragraph will be a statement by the judge that "...questions as to financial compensation will be reserved for determination by a trial." or some other such language.

**A: I am not going to respond to the rest except to say that the word is eminent domain.

 

[fubar2c]

Here are the facts, I did go to the land records division in the court house and obtain the Easement. It is an easement given to Dominion power by the developer JDB Locust Grove. In the Easement it states the purpose of this Easement is to provide Electric, Phone And Cable for this tract of land that is to be divided into lots, and a plat that came with the Easement only shows my development ( Locust Grove ) . The land that is next to me was a farm and this land or tract of land is not show on the plat that came with the Easement nor does the Easement state that this it can be used to provide utilities to another Development. Also when I bought my house the Land next to me was not owned by the developer at that time. Does this help?

 

[HomeGuru]

Re: Re: easement

**A: possibly, but you need to have a real estate attorney review all the pertinent documents.

 

[fubar2c]

Thanks GURU. I have spoken to a Real Estate Lawyer and faxed him over what he requested. One other question I just spoke with Dominion VA Power and they said they were going to come and dig up my yard today and I told him I would call the police and report them for destruction of property. Can I do this ?

 

[HomeGuru]

Thanks GURU. I have spoken to a Real Estate Lawyer and faxed him over what he requested. One other question I just spoke with Dominion VA Power and they said they were going to come and dig up my yard today and I told him I would call the police and report them for destruction of property. Can I do this ?

**A: yes, they would be trespassing and would be on a power hungry trip.

 

[fubar2c]

The power company wont leave me alone and they want to dig NOW. There is a closing on a house in this new development this month and they want to get the power on. My Lawyer is looking at all the docs and will give me a conclusion soon I hope. How long can I hold them up ? Do I have to sign some kind of form allowing them access to my property ? HELp!!!!!!!

 

[hexeliebe]

you have already been given the answer

if they come on your property call the sheriff or police department.

You can and should also ask your attorney to file a temporary injunction against the power company until he's had a chance to find out your legal standing.

 

[HomeGuru]

The power company wont leave me alone and they want to dig NOW. There is a closing on a house in this new development this month and they want to get the power on. My Lawyer is looking at all the docs and will give me a conclusion soon I hope. How long can I hold them up ?

**A: your attorney amy know.

Do I have to sign some kind of form allowing them access to my property ? HELp!!!!!!

**A: of course not. Don't sign any of their forms.

 

[fubar2c]

Hey guys my lawyer just called and said the easement that the power company has does not give them permission to use my property to serve power to another development YAHOO !!! What do I do next??

 

[hexeliebe]

re: what do I do next?

LISTEN TO YOUR ATTORNEY!!!

you're going to get a lot of good advice on this from other (more learned) people but the process is the same here.

The power company will file an eminent domain (NOTICE THE SPELLING GUYS????) action against you (no big deal) and be awarded the right to install the electric service through your land....

What this means though is that they will be required to post a bond with the court in the amount they think the easement is worth.

Although you probably won't be able to stop the eminent domain proceeding, you do have the right to contest the price paid for the taking of the land. And that is exactly what you should do.

Your attorney will handle all of this but NEVER, NEVER, NEVER...is that enough never's?, accept this amount as what you'll receive. I just completed such a jury trial to decide compensation on a .65 acre easement for the gas company which offered $3,500 ....

I was awarded $32,075....it's worth it to take this to the end.

 

[HomeGuru]

See, I told you they were on a power hungry trip.

 

[fubar2c]

Allright guys another problem! I found another document that the Developer put in the covenants of my development " Locust Grove " They put that they can grant non exclusive easements over all lots for the purpose of installing maintaining utilities.
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