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Richard, Attorney
Category: Legal
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Experience:  Attorney with 29 years of experience.
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My neighbor wants me to sign a easement in order for him to

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My neighbor wants me to sign a easement in order for him to dig up my driveway and connect his new home to the city sewerage system. Will he own or be responsible for that sewer line afer he buries it? And is this typcially something a homeowner just signs away or should a monetary settlement be in order

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Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

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First, you want to make sure you get paid for this because it is a significant encumbrance upon your property. You may not always have a driveway there and a subsequent buyer may want to do something different with the property that is limited due to this encumbrance. So, it does decrease the value of your property for which you should be paid. Then, even if the neighbor does agree to pay for the easement, you want to negotiate an easement agreement whereby he agrees to put the property back just as it was and that he is responsible for all repairs and maintenance of the easement, including repairing the driveway and landscaping. You should also have a right to re-route the easement at your discretion just in case you want to do something different on your property at some point. If he doesn't agree to all this, tell him no thanks.

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Customer: replied 3 years ago.

Thanks so much! I do have a follow up to my quesiton. So an easement for him to dig up my driveway and place the sewer line last longer then just the act of digging up the drive way and replacing it. The easement will continue for an undetermined amount of time? If something happens with his sewer line then it is his responsibility correct?

You're's my pleasure to help. Yes, because the easement is for the sewer line that is under your property. The digging up your driveway is simply part of putting the sewer line in, but if anything happens to that line....such as a tree root breaking it, you want him to be responsible. Plus, with the sewer line under the property, you won't be able to build on top of that line. So, you would want the right to terminate it in that instance or re-route it.
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