Question for those that may know. I was contacted by a neighbor that lives behind us today about using the 10' easement that runs down the side of our yard to hook to the city sewage line that runs in front of our house. He's trying to sell his house and the inspector is saying his septic system will not pass inspection. He has spoken with the city and a local plumber and the solution that makes most sense apparently is going through the 10' easement to city sewage. My question is, what rights if any do I have with the easement? Is it a case where if the city wants him to run the line through there I have no choice in it? I appreciate the advice folks.
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Imo, your best bet is to contact Thomas Baird in temple. Best attorney for that you are gonna find. -
If there is already an easement for city sewage then I don't think you have a choice. If he is asking you for one then that is a different story I believe. I am waiting right now for my neighbor to a agree to a utility easement. The power company told me they need his permission to bring power lines to my property. This is in Wisconsin though, not Texas so it may be different here.Comment
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Who owns the easement?Comment
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On my survey it is labeled 10' P.U.E. which I assume stands for Public Utility Easement. The plan apparently is to run a 4" line from my neighbors house down this easement to the city sewage line runnning across the front of our property. It sounds like other than making sure they clean up after they are done that I have little say in the matter with the easement. Which if they clean up after themselves I guess it's not that big of a deal.Comment
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If done correctly with proper grade and materials OK. But if it isn't and has to be dug up and repaired over and over then that is a different story.Comment
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That's correct. The easement is there in place for situations like this.Comment
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Check you title commitment. It will address who recorded the easement.
If in a subdivision... most of the time the easement is granted to a electric, cable, phone, city or mud district. Your neighbor might need permission to use from whom ever owns the easement.
Anyway check your title commitment.Last edited by Stan R; 07-16-2013, 06:51 PM.Comment
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Thanks folks.Comment
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Line belongs to the city, and there's nothing you can do to prevent him from hooking into it. Only thing you can do is make sure the city leaves it like it was before they started. Problem is, most cities will tell you they take, they don't give, but you could take some pictures of what it looked like before they do anything, and if it doesn't satisfy you take it before the city council when they have their public meeting....Comment
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I would think that if the city is allowing him to use this easement then there are no problems, easements are used for lines, cables etc., now if this is going to cause you some grief for some reason then you may want to talk with the city.Comment
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The City of G'town is not to bad to deal with on items like this. The easement is there for this type of use.
like it was said before, check your Title Commitment or call the Title Co. if you have issues with the line coming through. My experience is just try to work with the City guys and they will take care of you.
Attorneys- Thomas Baird is "the man" in central Texas"
Merlin Lester is "the man in G'town" tell him Charles Ashby sent you.Comment
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Need more info. Who holds the easement? My experience has been that, regardless of who owns the easement, some surveyors like to call them a public utility easement. Not all are. Sometimes it's a gas line easement, a water control easement, a telecom easement etc. easements like this are generally for a specific purpose. In sum, read the document granting the easement your neighbor is attempting to rely upon...which will be in your chain of title.Comment
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On the title Policy it states:
- 10' utility easement along all property lines as recorded in cabinet c, slide 189, Plat records of Williamson County
- 10' public utility easement along all property lines as recorded iin volume 639, page 137, deed records fo Williamson County, Texas.
The work will be done by a private plumbing company, like was done when we went from septic to city sewage. I have been out of town and have not had the opportunity to speak with the neighbor face to face yet. He dropped by the house several times over the weekend and left me a note this afternoon letting me know what was going on and that he wanted to talk about it.
I guess the thing that concerns me is having a private contractor, hired/paid for by my neighbor, doing work on/across my property. Don't know if that is a valid concern or not...Last edited by Roscoe; 07-16-2013, 08:15 PM.Comment
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Just tell the neighbor if they mess it up
He's responsible to clean it up. My bet is that you really can't stop the progress since its an easement.Comment
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