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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4873
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Property owner refuses easement to service dual side sewer.

Resolved Question:

Property owner refuses easement to service dual side sewer. What can we do?
Submitted: 1 year ago.
Category: Legal
Expert:  Irwin Law replied 1 year ago.
Please provide more details about the situation you are in now. What do you mean by dual sided sewer? Was any utility easement problem identified in your title work when you bought the property? Have you had a local attorney work on the problem? Are you in the process of selling or buying the property? If not, what is the Realtor doing in it. I have never heard of a sewer line with no right of access to service it. Who has told you that there is no access to service it for your property?
Customer: replied 1 year ago.

In 2002 we divided and short platted a lot from a large lot with a house in which we lived. We obtained a covenant to install a dual side sewer in which both the new lot and the lot with the house would be served. We eventually sold the house but retained the lot. We would like to sell the lot now and a builder would like to buy it. His realtor contacted the owners of the house with a request for an easement to service the sewer should a problem arise since a portion of the sewer runs along their property. For whatever reason, they have refused. Consequently, it is very difficult to sell the lot with this problem unresolved. If we were to abandon the existing sewer and install a new sewer to the street in front of the new lot, it would cost thousands of dollars. This doesn't seem fair since we already spent thousands for the dual sewer in 2002.

Expert:  Irwin Law replied 1 year ago.

The Realtor reviewing the Covenant establishing the sewer line is insufficient. The Covenant to install the line to serve both lots may have contained an implied easement on both lots to service the line. You will need a lawyer to do a legal review of it in order to know what rights the owner of the lot has. You might have to bring an action (sue) to establish, or quiet title to the easement through a court judgment in order to sell the lot to a builder. The key question will be if legal costs would be more than installing a new sewer line.


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Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4873
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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