View Full Version : Property Easement/Right-of-way ? ? ? ? ?
jbyrd88888
04-02-2014, 04:12 PM
About 10 years ago a pipeline was put beside my house (lived here 25years)... then NObody told us this would happen:
I will do my best to maintain my composure/politeness while typing this but today I found out my greenhouse must be moved! Also I was told by someone representing the natural gas company that my peach and sycamore trees (present while pipe installed) AND my neighbor and I Fence must be Re-moved!
Dude said 50 ft of my yard must be clear to allow access? In other words 50 ft of my side yard And 50ft of my neighbors yard is useless must stay clear (100 ft between our houses for miles)! My neighbor is Furious because he must move his above ground pool/deck...no easy task.
I want to collect as much $money as possible or stop this from happening! Why didn't I know about this? Is this in my deed? 1983 this easement was Supposably/Supposedly purchased before my house was built.
My greenhouse sits on top of the ground= no roots/foundation but since I taped all the polycarbonate panels/clear plastic to the frame, taking my greenhouse apart to move WILL be impossible? -$2000
This is affecting a Huge neighborhood built less than 10 years ago also. Many mad people but the fact: I was here before anyone/ any house built around me.
Go ahead laugh, any helpful info here? Currently seeking legal advice.
Did you have a title search done when you purchased? (Yes, I'm being a bit sarcastic; a lender would require it and any cash buyer should.) Was there any mention of an easement when you settled? Did you purchase owner's title insurance? (Most people don't.)Did you ignore a letter addressed to you in the last 10 years? (Not junk mail--we all ignore that--but something addressed to you that looked very official?) Do you live in an incorporated city? Have you checked with the county? If you did not sign off on an easement, they legally don't have it unless it was recorded before you purchased. (Yes, I know about eminent domain but generally you're informed LOUDLY about that happening.) Have you called your local zoning agency? Anyone can tell you to move your stuff whether you are required to do so or not; they're counting on you not arguing. I would ask to see proof of their claim to access including the signature of who granted such. (I've been warned to get owner's insurance when purchasing property in FL because the records are truly a mess and people get away with selling OP's land;. Maybe not but I'd already planned to do so even though the minimum is $100 and doesn't cover improvements I make.)
While I have your ear...when I lived in MD the water company set up temporary supplies in my backyard. I called when I saw it leaking--called many times--telling them it was killing a peach tree (which I cared about) and azaleas (which I didn't.) They did nothing all winter. Come spring, my plants were dead. In the 80s I was handed a check for $800 for my 2 year old peach (helps to be friends with a certified arborist) but only because I kept fighting. Depending on the circumstances, at the least you should be compensated for your costs to comply. And that really depends.
ETA: I know it's a pain to read documents when you're buying a home but you really must! And pay for a darned survey that puts sticks around "your" land. Sounds like they have a legal easement and you're stuck with it; they won't pay a dime towards your inconvenience. Not a lawyer but telling you what I think. Sorry.
jbyrd88888
04-02-2014, 08:53 PM
Alright, well I calmed down/had a beer (I don't drink), and thought about it all.....
But yeah, dude gave me paperwork that seemed very incomplete/missing signatures and dates, but I found my deed and some pictures of my property drawn out with electrical/pipes/plumping blah blah and yeah looks like I'm screw, oh well. I did call someone that made me realize I was not going to loose all 50ft of my fenced in yard; only about 30ft and my neighbor around 20 ft (50ft. wide pipe easement not 100). People have came by my house in the past to look around but Never told me my stuff was in the way.
My doggie is going to loose some room to run around... Already started many air-layers on my trees, and fine I'll plant my berries somewhere else ;)
They will probably start working in my neighborhood in the next two weeks or next month.
Shtuff happens, I will get compensated if my greenhouse is damaged. Said they would move&replant my Peach tree. Butttt I made an agreement with dude and told him if he takes out 1 sycamore he must take the other sycamore(not in the way) TOO! Free tree removal/grind-ed stumps! I'm going to loose my tree house :(
Now the only thing that is going to bother me is weed eating/mowing on another side of my fence; I'll get over it.
Maybe I'll post some before and after photos sometime.
rottiedog46
04-03-2014, 07:20 PM
You may be eligible for a reduction in your real estate taxes. When I lived in Southern NJ, I lived on property with a significant easement. (It was on the plot plan.) I was taxed as if I had full use of the property. I appealed the assessment with the twp. as I could not "use" the property under the easement. Showed the plot drawing as proof - real estate tax was adjusted. Good luck! :nanadrink:
If they compensate you, consider it a gift; I really hope they do. It stinks to use "your" land by making improvements and then find out it's theirs. Hey, I lived in an area that was declared historic after I purchased there. That's a true nightmare. And my house and my neighbor's were the only ones that even approached meeting their standards. Mention historic to me and I run fast.
jbyrd88888
04-17-2014, 03:31 PM
More and more I think about this easement, I want to fight it. No I WILL fight this!
A seemingly very friendly neighbor (two young daughters in back seats) in a nearby neighborhood (looked very smart, like me ;) ) Rolled slow through my neighborhood today; when I approached his car he stopped and asked me what the gas line company rep. told me. I explained how my trees, garden, greenhouse and fence would be affected, and said this is ridiculous.... Neighbor dude in the car said he was going to loose his Whole back yard!
Obviously many affected neighbors are going to pitch-in on an attorney! YAY I got my mallet ready and I'm taking names. Nobody needs to F around in my yard. :lurk:
pmurphy
04-17-2014, 04:57 PM
I wish you better luck than we had when we went through something similar,
Years back, while living in a city outside of Vancouver, the road we were living on was to be widened and turned into a major 4 lane thoroughfare; it was to go from a quiet 2 lane that went no where to the main route between the two cities (apparently the plans had been on the books for over 50 years but the information was not easily accessible to residents). The City expropriated 20ft of our front yard, cutting the underground sprinkler system in the process but would not repair or replace the system, and we lost four 25ft mature trees, although they did offer to re-plant them in the backyard (like they would survive the move). After a long HOT summer of road closures, dust and noise etc. we found ourselves living on a major roadway. Shortly after this was all complete we then found out that the name of the road was to be changed (found this out in a 2" column in the local paper without ever receiving any official notification from the city), so now everyone on the street had to pay for changes to deeds and all legal paperwork (not cheap). With a new street name AND postal code it took almost a year for postal service to get back to normal (and yes, we all had to pay to have our mail re-directed to our "new" addresses).
But the fiasco did not end there; as this new road curved, a lot of traffic decided to avoid the rush hour traffic and use the subdivision behind us as a bypass so the city decided to then add additional monies with our taxes for "traffic calming measures". By now we had had enough and everyone on the new road banded together and fought to get those monies back, our argument; you can not calm a major thoroughfare so they where taking our monies without cause. We got this money back but as a side note, the traffic calming measures included speed bumps and round-abouts that had to be torn out 6 months later because the subdivision streets were too narrow to allow fire trucks and buses to use the round-abouts, and the speed bumps were so long that these same vehicles bottomed out trying to go over them.
This whole thing was a total nightmare and a great expense, and the whole situation took place without any adequate communications from the city.
There was also a couple of other additional hassles with the new road;
1) the city was very diligent about keeping it plowed during snowfalls so the trucks would go by regularly and pile the snow onto the sidewalks and in front of our driveway. Unfortunately the was also a by-law in place that residents had to keep the sidewalks in front of their homes free of snow.....
2) as the new road had a double yellow line, it is technically illegal to cross this, even if you are turning into your own driveway so it was not uncommon for those living on the road to receive tickets from the local law enforcement.....
GOOD LUCK!!
pmurphy, your experience in dealing with bureaucrats is much like mine. My property was declared historic with tough facade ordinances many years after I purchased it. I owned 1 of 2 houses in a dumpy commercial district; they came down on the 2 of us. Fortunately, I had already fixed things before it happened so I got to keep my improvements though it ticked off the "committee" greatly. As a result of my experience, I won't consider purchasing an old home ever again. The little house I'm researching just now has a narrow "road" beside it that has never been built; it is not a vacant lot. Fence is already in place just in case it happens. (Property to the rear is prime for development but, with the economy as it is, may not happen during my lifetime. Fence in place on that line also.)
servatusprime
04-17-2014, 10:07 PM
Read the easement agreement. It may allow you to have certain uses, including ancillary structures. If it does, you ussally have to be able to move it in a certain time frame, typically 24 hrs.
jbyrd88888
04-26-2014, 10:51 AM
UPDATE !
Today as I arrived home I noticed an old lady with a clipboard walking out of my driveway. (Almost missed her encounter) As I backed up in my driveway I noticed her turn around and start back toward my driveway...I speedily got out of my truck and started to walk into my backyard to avoid her (almost a big mistake). Heard her say "excuse me, hello?" ugh turned around and said "Hey" nicely (wanted to say "what do you want?") :)
As she approached she started to ask about this easement and I told her how I'd be affected and how much it made me mad!
She then handed me a petition to sign, already signed with many names and addresses, to stop this. She told me a lawyer said we had a good case and another pipeline in a less populated wooded area was the cause of this possibility. Her husband works for the gas company and so we have a great chance to stop this! yay I signed real good ;) :2722:
Read the easement agreement. It may allow you to have certain uses, including ancillary structures. If it does, you ussally have to be able to move it in a certain time frame, typically 24 hrs.
Easement states we can have temporary stuff like cars, trailers, ornamental plants, but No permanent things like building structures or trees. Many do have trees, paved surfaces , swimming pools, garages very close though anyways
Worm_Farmer
04-26-2014, 12:36 PM
I do not think you would have to mow or weed this area after they have claimed it. Once you move your fence that in "Your" property line. Anything not makred as mine I am not working to maintain. I dont even mow my drainage ditch. They claim it, they maintain it. Or you can give up your claim and let my park my car's there. LoL!
jbyrd88888
04-26-2014, 03:35 PM
Well, I like maintaining a nice yard, and I realize my yard is a little wider than all the rest in my neighborhood but this easement would take a lot of space away from me... As much as a possibility of as tax break sounds good, I think I'd rather keep my whole yard.
cincinnana
04-26-2014, 07:11 PM
They're coming....
Pic taken by me at a controversial pipeline company staging ground in Ohio near my home.
<a href="https://www.flickr.com/photos/110357684@N02/13593800884" title="Untitled by Hostafarian, on Flickr"><img src="https://farm8.staticflickr.com/7227/13593800884_f1c7c90647_c.jpg" width="800" height="600" alt="Untitled"></a>
jbyrd88888
05-14-2014, 03:50 PM
Moment of truth is soon to come...
Yesterday I approached another car creeping down my street. He made his intentions very clear from the start; he was collecting photos and personal references from all people being affected by this easement because his home is also in question of the effect of these new easement guidelines.... LOOOOOOng story short (I thought he looked familiar then, at the end of his lecture, I realized), he said he had already had contact with many experienced attorneys, and obviously knew this easement was not being properly enforced... He delivered to me, during this enthusiastic, uncontrollable, unstoppable speech, that many people had fences, buildings, paved surfaces, children play equipment, trees, blah, blah, blah on-top of this easement BUT, many people were told different things about what must be done.
He told me of his 2 young daughters, whole backyard, his storage building, and pool and how he is having to hire a substitute teacher so he can deal with this matter...THEN I realize exactly who! He was a very well educated teacher that teaches at the High School I went to! I never had a class with him but he said a couple more teachers, lawyer, and members of city counsel are also located on this easement line!
NOW, I have very little doubt that I have Anything to worry about?!
I said I'd help anyway I can so now I'm thinking I might have to miss a couple days of work... no problem. I love living in such a friendly neighborhood.
He told me not to sign anything, I haven't so far. This might get interesting very quickly.
I agree about not signing anything or being quick to accommodate the easement. I wish you luck. Not to burst your bubble but just because someone did not use their legal easement immediately doesn't make it go away. If the proposed use benefits many outside of your neighborhood, you probably can't stop it. What may happen is that the area taken (where you have to clear) could be smaller. Again, good luck!
jbyrd88888
07-17-2014, 08:24 PM
Well here's the scoop... I stuck my foot in my mouth.
Gas company must have a god for a lawyer. Greenhouse must be moved...
They offered me some moola if I could move the GH myself... I shrugged it off only because my GH is pretty much glued together with double sided permanent tape.
They are going to remove two trees in the way as well as two I requested... Can't pass-up free tree removal.... and move my GH to a better suited location.
If anything, at least my bananas will have much more room to grow, and I can make a bigger vegetable garden.
(Below) my GH cannot occupy this space much longer and the fence (showing on right side) will be moved to the other side of that banana on the left side. AND they will construct a privacy fence closer to my neighbors pool! Basically another fenced-in area between our yards.
http://i60.tinypic.com/faq1s8.jpg
My dog is going to loose some room but I can still plant almost anything besides trees and bushes in that area. I'll still maintain this area but now the 50' between my neighbors and my yard will be fenced separately so the gas company can ride a truck through when the fence is open.... I gotta take before and after photos... Iz really not a bad idea once I was told of all circumstances. I'm mostly upset now because my watermelons are doing so good and will be run over during GH relocation soon.
jbyrd88888
07-19-2014, 09:30 AM
http://i57.tinypic.com/5pojh3.jpg
This seems like a great idea now? Contractor came by my howze a few minutes ago and said he will move my GH and level it with only manpower... no truck will be needed so my yard will not get torn-up. This new fenced in area maybe a good place for my neighbor's an my dawgs and me to run around and play!!!
Front of my howze is the south facing side/ backyard= northside.
Sounds like they are trying to make you happy and may just do that! I've heard horror stories; this doesn't appear to be one. BTW, who has to mow the easement?
jbyrd88888
07-20-2014, 06:32 PM
Yeah, for the most part what persuaded me is the fact that I can still use this part of the yard... It will be fenced in and locked with a lock provided by the gas company for me and my neighbor to share access. We'll both have keys and keep maintaining/mowing as usual.
I can still plant stuff including annuals, vegetables, and bAnAnAs in this easement area. Now, I cannot plant any trees and bushes and invasive stuff that will block access or grow into the pipe under the land.
The other main benefactor is free tree removal!!! These trees in my yard are over 20 years old, and roots are protruding the surrounding ground SO iz time to plant some more fruit trees and keep them smaller/trimmed.
With a fence straight through my garden now, I can grow vines along it or use it to help stake plants. PLUS Now I hope/plan to put the back of my GH against the fence to help provide an anchor for when the weather is horribly windy.
Fellow optimist, I applaud you making lemonade out of lemons. Do you have any idea when they will come with their truck to check their line? It would be sweet if their schedule was not during your normal growing season. Obviously an emergency would override that but I'd try to get some idea if you can. And even try to sway their timetable to non growing months. Doesn't hurt to ask, does it?
jbyrd88888
07-21-2014, 05:01 PM
... lemonade out of lemons...to check their line?
Nope... I made cow poo into banana plant behemoths! hehe yeah I maybe too proud of what I got but I stay determined.
Good idea on recommending some time of the month or season to which they can do what they must to service the pipeline. Maybe next time I walk the dog, I'll collect and suggest recommendations to how we should go about this with the other people dealing with this..? hmmm thx
Honestly, I do think they were trying to avoid a court battle so have tried to accommodate you and your neighbors. You weren't asking for much; it was easy to do and much cheaper. In court they would have won but at what cost to good feelings and the pocketbooks of all? This is the way "neighbors" should treat each other. Excellent outcome IMO.
Nicolas Naranja
07-22-2014, 04:00 PM
I have an Army Corps easement in my backyard and I know that at any time they could come in and rip out a few of my banana trees. My 3 acre farm is actually on Army Corps and Railroad right of way. I cannot build any structures, which really sucks. It is a nice property and over the years my farm will likely increase to cover the entire 20 acres, as long as they don't decide to add another railway, which is unlikely.
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