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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118200
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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A sewer company wants a 10' easement to run the length (120')

Customer Question

A sewer company wants a 10' easement to run the length (120') down the line of our property. Should we ask for cash or should we ask for free hook up ($2,500)? The cost to be on the sewer line could be as much as $20,000 plus $80 a month fee. So we thought we would stay on the septic tank for now. We have an invisible fence that is on this property. It cost us $1500. If they break it can we get them to pay for it?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you areseeking for educational purposes only. If they are seeking an easement, free hook up would be a reasonable request for them to have the easement across your land. It would also be reasonable to determine the value of the square footage of the land that they are seeking to encumber with an easement, based on consultation with a local realtor regarding local real estate prices in your area, to ask for that value in cash. Which one you ask for really depends on whether or not you want to be connected to the sewer system or wait until they either mandate connections or until your septic system breaks and needs replacement. The decision on this is something you need to weigh also regarding the local cost per sq. foot of land the easement will take up to determine which is the most worthwhile situation for you, since they are taking away your use of the land used for an easement and you cannot build on it or use it for anything you choose to use it for and have to continue to grant them access to that easement. They are liable for damage to any of your property, so you need to inform them of the location of the invisible fence and mark it and if they damage it they are liable to repair the fence they damage.