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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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We live on a County road and are faced with a new waterline

Customer Question

We live on a County road and are faced with a new waterline project next year. The Town is the entity wanting the water line. Current there is an exhisting County easement for infrastructure but the Town wants another ten feet beyond this for a permanent easement. This will impact a larde portion of our front yard which had a fenced "English Garden", a lampost and other flowers shrubs and vegetation. This permanent easement we believe wi affect the value of our property and the ability to sell it in the future. We both are retired and this is a possibility. What course of action should we take?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, in what state are you located in, please?

Customer: replied 1 year ago.
New York Saratoga County Town of Stillwater
Expert:  Dimitry Esquire replied 1 year ago.


I appreciate the additional information. What, if anything, have you tried so far?

Customer: replied 1 year ago.
We are suppose to meet with the engineer today. Can we push them for a temporary easement rather than a permanent easement?
Expert:  Dimitry Esquire replied 1 year ago.


That is likely not going to be sufficient. A temporary easement, if they continue to utilize it, can become an 'easement by necessity' and will still burden your property going forward, and likewise can still affect home values. I would suggest contacting your town's legislature or town hall, and requesting a meeting. Then, potentially going to court and claiming that the easement is an 'unreasonable taking' by the state as the value of your property is being unfairly and unreasonably lowered, so you are seeking city compensation for the taking itself. Until the taking is reviewed you can also request a temporary 'injunction' against the easement so until the courts formally review and evaluate your request, the city cannot simply come in and take the property making your suit moot. For that I would urge you to consider retaining counsel.


Dimitry, Esq.