Public Utility Easement Encroachment
One Devoted Dame
5 years ago
last modified: 5 years ago
Featured Answer
Sort by:Oldest
Comments (26)
One Devoted Dame
5 years agolast modified: 5 years agoRelated Discussions
Any advice on a terrible easement problem?
Comments (16)Thanks everyone for thinking about this and sharing opinions. Bungeeii, I have to admit I was a bit relieved to see your post this morning. Refreshing! We do indeed have a lawyer, the bills for whom have been ticking like the national debt. There were issues with the deal earlier this summer when we considered walking away and did not. It was extraordinarily emotional, not to mention expensive. But, we emerged from that process feeling like we should move forward. This resulted in a deepening of our commitment to the house. For many reasons, this house is right for us and there will not be another one like it. I know that's hard to understand, but where we live, that is just a fact. As for the P&S, yes we have one. We also have a CO. So, we are looking down the barrel of a closing very soon. We have close to $20,000 worth of materials we brought to the job, as well as a large deposit. To walk away now would mean putting all that at risk, not to mention the strong likelihood of entering into a prolonged and costly legal battle. We chose this house because we felt it would allow us to move on with our lives. (There is no other new construction going on here and we didn't want to build "from scratch" or take on an older home with all it's inherent issues.) Walking away would mean jumping from the frying pan into the fire. Somehow, the frying pan seems better to me right now. Of course, we will not close until this easement thing has been settled -- through both contractual language and actual coverage. The latest thinking is that insurance is the solution, so we are looking into that very carefully. I still feel like the builder screwed up and he's going to dodge the bullet -- the bullet that may someday come my way. He doesn't even want to pay for the legal fees we've incurred sorting out his mess. We'll see about that... Beyond the possibility of having our house bumped during excavation, I also worry about resale. I'd think twice, and probably offer less, for a house with this problem. Builder says he's already losing money on the house. The way I see it, every legal dollar we've spent sorting out his messes (rewriting the quitclaim deed, fixing the P&S, creating proposals to cover the easement problems) eats into my eventual resale margin. We are not looking to sell this house any time soon, so hopefully it will not make a difference....See MoreGawking Neighbors & Easement
Comments (5)1) What does the easement allow them to use it for? Typically if not for utilities, the easement is for access of some sort to their house. They can't just set up a tent or a basketball court on your land because they have an easement to drive across it. 2) To remove it you would have to revise all your deeds to extinguish the easement. In addition to the legal fees, you would probably need to pay them something, because an easement has value even if they aren't currently using it. The fact that they don't use it means you may be able to buy it from them for cheap, however. ($1000 for nothing? sure!)...See MoreUtility's Scorched Easement Policy WWYD?
Comments (19)Thanks for the comments and suggestions. I did meet with the company's representative at my house. He said the contractors should have been more selective in their application and not targeted vegetation that did/would not pose a threat to the power line. He offered to send a crew to clean out and mulch all the dead vegetation. I declined replacements for the 3 Dogwoods. They weren't ones that I'd been fertilizing and hand watering so they'd always been on their own. Also, we live on a rocky hillside. It's not an issue of putting a planting where you want it but where a hole can be dug. I didn't want to go through all that. I did request a Pink Ruffles Azalea replacement; which he provided. We spoke about the Dogwood that I trimmed the day of spraying and whether or not it will survive. (2nd Picture below) We will have another discussion if it dies. Losing this one would really hurt. I will request that we be put on a no spray list. We've lived here 15 years and this was the first time the utility used herbicide on the easement. Both pictures were taken this morning. The first is representative of the other Dogwoods....See MoreEasements on lot- new build
Comments (13)I, personally, would not want the utility easement on both sides of my property. That said I also wouldnt want a corner lot. A corner lot means traffic, and the associated dirt and dust and noise on two sides of you. A corner lot means two sides of your yard that are 'public spaces' not private spaces. The utility easement means they can come and dig up that space whenever, and do whatever. The utility easement means you cant plant what you want there. Here is asearch in Houzz on 'utility easement" you may want to read some other people's issues and experiences....See MoreOne Devoted Dame
5 years agolast modified: 5 years agouncle molewacker z9b Danville CA (E.SF Bay)
5 years agolast modified: 5 years agoOne Devoted Dame thanked uncle molewacker z9b Danville CA (E.SF Bay)One Devoted Dame
5 years agoOne Devoted Dame
5 years agoOne Devoted Dame
5 years agolast modified: 5 years agoBecky
5 years agoOne Devoted Dame
5 years ago
Related Stories
FARM YOUR YARDHow to Farm Your Parking Strip
Get an up-close look at a thriving street-side edible garden, one of many sprouting up in Seattle
Full StoryCOMMUNITYTogetherness Take 2: Is a Cohousing Community for You?
Missing that sense of connection? Consider the new breed of neighborhood with a communal bent
Full StoryCOMMUNITYGet a Bird's-Eye View of America's Housing Patterns
See the big picture of how suburban developments are changing the country's landscape, with aerial photos and ideas for the future
Full StoryFRONT YARD IDEAS9 Gorgeous Sidewalk Garden Designs
These ideas for perimeter planting can boost your home’s curb appeal with more color, personality and seasonal interest
Full StoryHOME TECHThe Inevitable Future of Drones Around Your Home
As Google joins the push for airborne deliveries, it seems only a matter of time before neighborhoods are buzzing with drones. Is that OK?
Full StoryMOST POPULAR5 Ways to Hide That Big Air Conditioner in Your Yard
Don’t sweat that boxy A/C unit. Here’s how to place it out of sight and out of mind
Full StoryLIFEHouzz Call: What’s Your Perfect House Size?
How big is too big? How small is too small? Please tell us which home size is just right for you
Full StoryEXTERIORSWhere Front Yards Collide: Property Lines in Pictures
Some could be twins; others channel the Odd Couple. You may never look at property boundaries the same way again
Full StoryMOVINGHome-Buying Checklist: 20 Things to Consider Beyond the Inspection
Quality of life is just as important as construction quality. Learn what to look for at open houses to ensure comfort in your new home
Full StoryTHE HARDWORKING HOMESmart Ways to Make the Most of a Compact Kitchen
Minimal square footage is no barrier to fulfilling your culinary dreams. These tips will help you squeeze the most out of your space
Full Story
David Cary