Realtors and developers- how much for an easement

[dbattman 0]

A developer has approached me regarding a sewer easement on my property. It would run from the front of the house down a creek gully about 40', then snake along the back of the property along a creek. I would lose some trees in the 20' easement but they are back from the house. It's not an unacceptable situation, but I don't know how much to target in comp. I'm not thinking I'll get 40k out of the deal, but how much is it really worth to have someone rip up your back yard, drive around some backhoes at 7am and PRAY they put everything back like they said they would?

Any thoughts? I plan to demand they pay 'reasonable legal expenses' since there is no way I'm doing this on a tabeltop.

[nightjumps 1]

Some questions:

Who will pay for the survey update?
Who will reclaim the property back to its original state?
Who will ensure and provide you with permits, liability insurance, worker's comp and a Hold Harmless agreement in the event something happens to contractors, you, family, or your property?
Will you suffer an opportunity if a potential buyer walks because of that easement?
If the sewer pipe breaks in the future, who will be responsible?
There is a legal term (escapes me) whereby someone's encroaching on your land for a certain period of time "can" make it their property - how would you be protected from that?

My question wouldn't be how much can I make as much as how much could it cost.

[quade 4]

If it's for a sewer . . . I'm surprised you aren't just getting eminent domained.

quade -
The World's Most Boring Skydiver

[lawrocket 3]

Quote

If it's for a sewer . . . I'm surprised you aren't just getting eminent domained.

What quade said. Though not strictly an eminent domain, there are easments by necessity. The dude can take you to court to get a court ordered easement.

Negotiate on the price. Aim a little high, so that it will cost him more for the easement and attorneys' fees than it will to pay your price.

My wife is hotter than your wife.

[slug 1]

Hi Dbattman

Think contract addressing all your concerns I would check with a appraiser the county for special requirements a sewer leak into a creek is not good and may require special construction techniques.

What other options does the developer have? How much money is he saving by cutting thru your property rather than going to plan B. The city/county planning dept might have some info.

I'm not a lawyer but emminent domain is usually a gov't utility thing, Not a developer. Can't he run the sewer parallel to his new road. Shit even flows uphill if it goes thru a pump station $$$.

A sewer could open your area into high density housing, traffic etc. Raise the value of your property were you won't be able to afford the property taxes & have to sell.

What size sewer the developer talking about installing? 8", 24". Beware!

R.I.P.

[dbattman 0]

Some good thoughts. Thanks.

I've also got some big concerns about the "what" (concrete, plastic, steel, size), the "where" (three feet deep, five feet deep), the "how" (backhoes, cranes, dumptrucks, where will they need to drive), and the 'how long'.

Of course, I could just save myself the headaches and tell them to look somewhere else. Everything that needs to be done should be done by the developer and then it is maintained by the county.

Has anyone ever done this before? How many hours do our attorney jumpers think they would spend on something like this? I know these get done all the time, but I'd still be wary that I'll get screwed by not having everything reclaimed or looking off because the street has been patched or the curb concrete looks nasty.

Damn, I never wh\ould have thought about this stuff until I bought a house. Talk about uping your 'sleepless nights.' Is the roof leaking? Are the gutters clogged? Are there termites in the basement? Roaches? Boogeyman in the closet? Agh!