Utility Easement?

Question

I just got a letter from the local water company wanting to me to donate or sell them an easement on my property for improvements on the water lines that run through my yard. What kind of payment can I expect out of this? I know it will be based on how much land will be included in the easement but I don't really know what to expect or whether or not it's worth it.

FYI the property is in Oklahoma

I think they just realized that they did not have an easement because they have previously dug up the lines without the okay from me. The city used to own the property so there was no need for an easement but now I own the property and the utilities are now provided by the county.

Also I have been planning to put up a privacy fence and the location of the easement will probably prevent that since the easement is on the edge of my property.

Answer 1

Not much payment, but ask for their offer before you make a specific dollar request. They can go to court to get the easment for free so don't expect too much. As for your privacy fence, make sure you can put it in where you want it. Chances are it will be fine as long as you know that the utility can remove it in sections as needed for future repairs. That is unlikely to happen in the near future if the lines are new, but make sure and ask about it.

Answer 2

There will be a "usual and customary" amount which will not be a lot. What you will be granting is a right for them to install and maintain a watermain through your property. They will have a right to come onto the area of the easement to repair or replace the line or any part of it. Unless you can show that this line will somehow decrease the value of your property, as by making it no longer subdividable, the year or two of water bills may be more than they will do. Utility easements generally pay next to nothing, to be honest.

Added:
The property will still belong to you and you may do anything legal to it that does not prevent access to the easement.

If you want a narrow strip between your boundary and the easement on which you may install a privacy fence, tell them.

Answer 3

Easements are set so as to have access to certain portions of property for the betterment of the community a large. An easement is sort of like a the city would take this property by eminent domain. In order to reverse this, you would have to partition the city,county or governmental agency that established this easement.Even if the easement is not currently being used, it might be for future use and you would be denied. This partition is a long drawn out process and might require you to hire an attorney to handle this request on your behalf. In answer to your question there is a procedure in place to request to terminate the easement, though it is a difficult task. Even though you own both properties, in order to obtain a building permit, you might be required to request these two lots be considered as one. There are legal laws that require a property owner that would build a house to refrain from building within a certain set back from the property line. This would be true even if you own the abutting lot. I hope this has been of some benefit to you, good luck. "FIGHT ON"

Answer 4

Such easements do not bring much in terms of money for the landowner. The utility may offer you several hundred dollars for your 'inconvenience'. I recommend that you accept whatever the utility offers. If you balk, they will simply go to the courts to obtain a forced easement, or worse yet, will take the needed land via the doctrine of eminent domain.

Yes, they can do this and, yes, they will win such a court action.

Answer 5

The easement should have already been negotiated before the water lines were installed. Don't get too greedy, they can give you what is usual and customary. Best deal for both parties would be a credit to your water bill. Figure out how much a year's worth of service would cost, or even 2 years. This would be no money out of pocket for them, should be the most lucrative for you.

Answer 6

Any type of existing utility easement is reflected in your property's title report and/or your property deed. Which also means it's recorded in the Recorder of Deeds Office in your county.

If they are offering to buy it from you and they bought one from a neighbor talk to your neighbor about a sales price.

Answer 7

If the water co. is government owned they only have to prove that it will benefit the public to obtain it under the US Constitution and give you fair market value for the property.Utility easements vary,they are usually underground and only effect a narrow corridor on your land.Legally they have to inform you of the need and give you a chance to respond.Most people welcome Telephone,Water,Sewer,Cable TV,gas,electric,etc. so there is usually no objection.Anyone going through your property is guilty of trespassing if these steps are not taken.