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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42865
Experience:  Texas Attorney for 30 years dealing in real estate
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We are first time home owners of a patio home in uptown

Customer Question

we are first time home owners of a patio home in uptown Houston and didnt realize we had a utility easement with Centerpoint energy, they have their electric pole in our backyard and we really want to explore options of getting the easement terminated and do not know where to begin. Thank you for your time and consideration.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Houston, TX
JA: Has any paperwork been filed?
Customer: We own the property now.
JA: Anything else you want the lawyer to know before I connect you?
Customer: we own the town home, its been 2 years. Recently we discovered that centerpoint has an easement and a right of way. There was a porch built by the previous owner whichis encroaching the easement. We are exploring the best approach in dealing with this problem. We just need basic information regarding termination of the utility easement, Thanks.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 1 year ago.

You could contact the utility to see if you can resolve this.You cannot terminate unless they agree to it.The problem is this is how you get your electric, if you terminated here they could refuse service.The title company has liability as does seller, realtor if they built the porch onto the easement and there was no disclosure at time of sale.

You may want to consider suing all involved here if there was a breach of sales contract failure to disclose that the porch intrudes onto the easement here.The seller, inspector, realtor all have liability to you here.

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 1 year ago.

It would need to have been in the seller disclosure

https://www.trec.texas.gov/pdf/contracts/OP-H.pdf

Expert:  Ray replied 1 year ago.

Lawyer referral

https://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_

If you cannot resolve this with utility then you may want to sue here, also diminished value night be a problem since it was not disclosed.

I appreciate the chance to help you today.Thanks again.