Easements - No easement - The Combine Forum
 
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post #1 of 8 (permalink) Old 12-19-2013, 12:30 PM Thread Starter
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Easements - No easement

Got a call the other day from a utility company. I bought some land and the change in titles must of alerted them to the issue. The utility company has a line running under a 1/2 section. Line was installed in the 80's. Utility never got an easement. Phone conversation kinda went like this. "Can we send you some papers to get an easement signed and is a couple hundred bucks enough for your time?" Just curious if anyone else has had this experience and any advice on how I should handle this? Thanks.

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post #2 of 8 (permalink) Old 12-19-2013, 01:40 PM
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I would think the guy you bought the land from was unwilling to give them the easement. Make sure you read it over before you sign, they had a clause in one of ours that they could put the line above ground if they wanted to later, I don't think they are gonna dig up burried lines and put up poles, but why would that have to be in there.

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post #3 of 8 (permalink) Old 12-19-2013, 02:48 PM
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Pipeline? Power line? Telephone line? Can you work something out where they would run natural gas in to your yard for free? 3-phase power? Fiber optic for telephone/internet/cable?

Since the line is there already it's going to be cheaper to agree to your up front price plus yearly rental fee than it is to move the line!

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post #4 of 8 (permalink) Old 12-19-2013, 03:31 PM
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Don't sign it!

If you do and then accidentally dig it up you won't want to know the bill.

If no easement and something happens you are in a much better position.

AN ERROR DOESN'T BECOME A MISTAKE UNTIL YOU REFUSE TO CORRECT IT
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post #5 of 8 (permalink) Old 12-19-2013, 06:32 PM
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Sign and agree to nothing, there is nothing in it for you.
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post #6 of 8 (permalink) Old 12-19-2013, 08:47 PM
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Do Not Sign! They screwed up, if they want an easement make them pay you annual compensation. Similar to oil and gas companies. Send me some info on how wide of easement it is, land use, what utility, crops grown etc. and I'll compare it to oil and gas compensation. But a real rough idea would be somewhere around $5000 /yr.
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post #7 of 8 (permalink) Old 12-19-2013, 08:58 PM
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I have northwest pipeline under me for about 2 miles. If you sign they are free to add another line through your property without your consent. All of my farms were signed off by previous owner. Every time I do anything I have to call them. If you don't sign they have to deal with you every time they have to do anything. Like what was said above, someone really screwed up. That easement won't be small, it will be at least 50 ft or more.
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post #8 of 8 (permalink) Old 12-19-2013, 11:00 PM
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Much simplier if they have no easement. Then they have to pay you everytime they access that land. If you sign they have free reign to drive over crop within said easement and not have to pay for damage. Also must inform you with no easement, can go when they need to without notification with easement. Wouldn't be hard a** just don't sign, but say your willing to allow them on anytime as long as you are notified and are compensated for damage. Easiest way I could see.
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