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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12137
Experience:  JD, MBA
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I have just discovered there is an unrecorded prescriptive easement for a district wa

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I have just discovered there is an unrecorded prescriptive easement for a district water line running through our backyard. It cost us the sale of the home when discovered. I am trying to get an easement drafted but the water district wants a 20' easement. My realtor says it will be hard to sell the home with an easement larger than 10'.
Does the water district have the right to dictate the size of the easement?
Thanks,
Brad

VAMD, Esq. :

Hello and thank you for allowing me the opportunity to assist you.

VAMD, Esq. :

No, the water district does not have the right to dictate the size of the easment.

VAMD, Esq. :

Ultimately, if you cannot agree on the size of the easement, a judge would need to make that decision.

VAMD, Esq. :

You can take this matter to court and ask for a declaratory judgment regarding the size of the easement.

VAMD, Esq. :

The size of a prescriptive easement is based upon what has been used in the past.

VAMD, Esq. :

The other party cannot get a larger easement than it already obtained through use.

VAMD, Esq. :

If 10' is enough, then that is all they will be granted.

VAMD, Esq. :

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

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