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Homeowner gave a 10' easement to sewer district prior to the…

Customer Question
Homeowner gave a 10'...

Homeowner gave a 10' easement to sewer district prior to the placement of her home on the lot. Builder placed modular home on lot resulting in home being on four feet of the easement. The remaining 6 feet is outside the structure and the sanitary sewer line is on that 6' portion. I want sewer district to vacate the four feet under the house, since even though homeowner received a license to encroach on that four feet, the existence of the easement under the house makes the house not saleable. Thoughts? I am an attorney in MIssouri

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

Have attempted negotiations with district. They are unwilling to show us a possible new location for the sanitary sewer line a foot or so from the house within the six feet. They will only abide by their license to encroach on the easement under the home.

Lawyer's Assistant: Has she talked to a MO lawyer about this?

That would be me.

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Submitted: 2 months ago.Category: Real Estate Law
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Customer reply replied 2 months ago
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5/31/2018
Real Estate Lawyer: Attyadvisor, Attorney replied 2 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,993
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. I will be the professional that will be assisting you.

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Real Estate Lawyer: Attyadvisor, Attorney replied 2 months ago

You make a very good point. The cost may be prohibitive for them to move the line and the sewer district never wants to be told what to do unless they want someone's land. Why did the owner agree to this?

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Customer reply replied 2 months ago
she failed to seize the importance and meaning of the easement and then the home developer misplaced the house so as to be over 4 feet of easement. I am thinking of trying to rescind based on mutual mistake. I am looking for some equitable remedy to get the court to order it vacated. They do not need it technically since they can access the line within the six foot portion outside the house. (Their regs call for ten foot easements though and they want to be stubborn.)
Real Estate Lawyer: Attyadvisor, Attorney replied 2 months ago

Thank you for the clarification. So the easement that was created is not in compliance with the local laws and the set back is also a violation. Is that correct? What action has been taken so far so I know if court is the next step.

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Real Estate Lawyer: Attyadvisor, Attorney replied 2 months ago

I see the wrongful governmental taking of land in your fact pattern. I always look for this as a potential action against local government as this can be very effective in court.

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Real Estate Lawyer: Attyadvisor, Attorney replied 2 months ago

Are you still online with me?

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Customer reply replied 2 months ago
No thanks.
Real Estate Lawyer: Attyadvisor, Attorney replied 2 months ago

Do you want the question closed?

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