What's "normal"?

[PatchesII]

What is the name of your state? -OHIO

Can anyone tell me what is "normal" practice for an easement? I am negotiating an easement to run a sewer pipe from my house, through a neighbor's property, and to a public sewer system. I realize that I would have to accept responsibilty for the pipe and replacing/repairing it if it breaks/clogs, etc. I also realize that if I damage anything during my repair efforts that existed before the easement is written, I am responsible for replacing and repairing that property to the state it was in before damaging them. But what if the neighbor decides to build a shed, pool, basketball court, or plant a fruit orchard along the rote of the easement AFTER the easement is granted and AFTER the pipe is installed? Is it "normal" practice that I would have to accept responsibilty to replace his shed/pool/orchard/etc. when I fix my pipe? For some reason, I always thought it was "normal" that when an easement is drwan up, the owner of the property that the easement is on would not be allowed to "improve" the property in any way, or if they did, they would have to replace/repair those improvements sif I need to tear them out to fix my pipe. Let me know ASAP as I am in hot and heavy negotiations as we speak.

 

[HomeGuru]

What is the name of your state? -OHIO

Can anyone tell me what is "normal" practice for an easement? I am negotiating an easement to run a sewer pipe from my house, through a neighbor's property, and to a public sewer system. I realize that I would have to accept responsibilty for the pipe and replacing/repairing it if it breaks/clogs, etc. I also realize that if I damage anything during my repair efforts that existed before the easement is written, I am responsible for replacing and repairing that property to the state it was in before damaging them. But what if the neighbor decides to build a shed, pool, basketball court, or plant a fruit orchard along the rote of the easement AFTER the easement is granted and AFTER the pipe is installed? Is it "normal" practice that I would have to accept responsibilty to replace his shed/pool/orchard/etc. when I fix my pipe? For some reason, I always thought it was "normal" that when an easement is drwan up, the owner of the property that the easement is on would not be allowed to "improve" the property in any way, or if they did, they would have to replace/repair those improvements sif I need to tear them out to fix my pipe. Let me know ASAP as I am in hot and heavy negotiations as we speak.

**A: there is no such thing as a "normal" practice for an easement. THere are though, generally accepted easement agreement conditions such as ingress/egress, maintenance, use, insurance, encroachments etc. Have a real estate attorney help you.

 

[nextwife]

The wise thing, if practical, is to include language that prohibits construction of any permanent improvements within the easement corridor.

And use an attorney to draft this and any maintenance agreement.

 

[PatchesII]

Homeguru - I realize that there is no "normal" wording, that's why I used the parenthesis. But what I wanted to know is what are the generaly accepted terms in a case such as mine. I think NextWife answered that a little with the comment that it would be wise to include language that prohibits construction of permanent improvements.

I do have an attorney, and he was giving one story, but I wanted to get some second opinions from this forum that either supported his position, or mine. NextWife is more in line with my opinion.

Any others care to share their thoughts?

PatchesII

 

[HomeGuru]

Homeguru - I realize that there is no "normal" wording, that's why I used the parenthesis. But what I wanted to know is what are the generaly accepted terms in a case such as mine. I think NextWife answered that a little with the comment that it would be wise to include language that prohibits construction of permanent improvements.

I do have an attorney, and he was giving one story, but I wanted to get some second opinions from this forum that either supported his position, or mine. NextWife is more in line with my opinion.

Any others care to share their thoughts?

PatchesII

**A: ok, since you have an attorney, post the draft of the easement agreement for us to review.

 

[PatchesII]

I don't have rights to post attachments, so here is some wording from the drafted easement, the part I have problems with.

The Grantees (that's me), for themselves and their successors and assigns, agree that if the Easement Area or any surrounding lands, are disturbed for the purpose of construction, use, maintenence, operation, repair and replacement of the sewer line within the Easement Area, or arising out of the activities of the Grantees, the Grantees will immediately restore said area and/or surrounding lands to the condition in which they found at the time of commencement of work.

The problem I have with this is that I do not want to have to replace a pool, tennis court, garage, fruit orchard, etc. should the Grantor decide some day to build on my easement area after the sewer pipe is installed. I wanted to add clarification that if the neighbor improved this property in any way, that he would be responsible for replacing/repairing his improvement if I needed to tear it down to replace my pipe for some reason. Is this not a reasonable request?

PatchesII

 

[PatchesII]

**A: ok, since you have an attorney, post the draft of the easement agreement for us to review.

Home Guru - I posted what I could but have not received a reply. Please respond to my last post.

PatchesII

 

[HomeGuru]

I don't have rights to post attachments, so here is some wording from the drafted easement, the part I have problems with.

The Grantees (that's me), for themselves and their successors and assigns, agree that if the Easement Area or any surrounding lands, are disturbed for the purpose of construction, use, maintenence, operation, repair and replacement of the sewer line within the Easement Area, or arising out of the activities of the Grantees, the Grantees will immediately restore said area and/or surrounding lands to the condition in which they found at the time of commencement of work.

The problem I have with this is that I do not want to have to replace a pool, tennis court, garage, fruit orchard, etc. should the Grantor decide some day to build on my easement area after the sewer pipe is installed. I wanted to add clarification that if the neighbor improved this property in any way, that he would be responsible for replacing/repairing his improvement if I needed to tear it down to replace my pipe for some reason. Is this not a reasonable request?

PatchesII

**A: then have your attorney add the appropriate clause in the agreement.
aAd it is not a good idea to allow anyone to build over an easement with any sort of plumbing, electrical lines etc. already present.

 

[PatchesII]

Thank you HomeGuru for your comments "...and it is not a good idea to allow anyone to build over an easement with any sort of plumbing , electrical lines etc." This is what I thought too. I had the attorney add language to protect me and my successors, now we wait and see if the neighbor agreess.

Thanks for your help. Thanks also to Nextwife.

PatchesII

 

[nextwife]

You're welcome. Good luck.

 

[HomeGuru]

Keep us posted.