Easements

[etpm]

Keep in mind that these utility easements (highline wires Not local service Lines) restrict the use of property to some extent and you still pay taxes on that property, unless you were able to negotiate a payment to cover the taxes of the encumbered property.

In my case since the wires were already there and if I wanted the property I would need to accept wires and poles. They have not been any kind of hindrance except that they are ugly. So I tend to ignore them. I do have trails that go under the lines but I'm not looking up when I walk. The lines are for the local power and my trees have broken them a couple times, well, 4 or 5 times. Not my fault though. And I have called the utility more than once to have trees removed. PSE is usually pretty good about taking down trees I think threaten the wires. We only argued about 1. They left it and it broke about 8 months later, taking out the wires as it went down. I called about power outage and told the repair crew when they arrived that I had tried to get the tree removed months before. They told me they had heard that story more than once. No doubt.
Eric

 

[two_bit_score]

In my case since the wires were already there and if I wanted the property I would need to accept wires and poles. They have not been any kind of hindrance except that they are ugly. So I tend to ignore them. I do have trails that go under the lines but I'm not looking up when I walk. The lines are for the local power and my trees have broken them a couple times, well, 4 or 5 times. Not my fault though. And I have called the utility more than once to have trees removed. PSE is usually pretty good about taking down trees I think threaten the wires. We only argued about 1. They left it and it broke about 8 months later, taking out the wires as it went down. I called about power outage and told the repair crew when they arrived that I had tried to get the tree removed months before. They told me they had heard that story more than once. No doubt.
Eric

I think you are referencing local service lines that bring power to adjacent houses.

Im referring to transmission hi-lines.

 

[etpm]

I think you are referencing local service lines that bring power to adjacent houses.

Im referring to transmission hi-lines.

I am. And said so in my post. "The lines are for the local power and my trees have broken them a couple times, well, 4 or 5 times."

 

[tshep]

I have wondered....
If title insurance covers me, for instance, for forever for faults at purchase; and I sell 2 weeks later for instance, should I get a massive refund because their exposure was limited from infinity back to the the 2 week point?

 

[two_bit_score]

I have wondered....
If title insurance covers me, for instance, for forever for faults at purchase; and I sell 2 weeks later for instance, should I get a massive refund because their exposure was limited from infinity back to the the 2 week point?

I wish that was true. It doesn’t work like that.

 

[tshep]

I wish that was true. It doesn’t work like that.

OK, then does it stack?
Say, remain in force, back to here pays last 20 years value change, back from there pays x years, back from there pays back to x, etc.?

 

[Jstpssng]

I think you are referencing local service lines that bring power to adjacent houses.

Im referring to transmission hi-lines.

The easement I signed 20+ years ago to get power to my house still makes me cringe... it merely gives them permission to "Construct, erect, rebuild,, (sic) operate, maintain, and remove electrical distribution lines lines...
It's rather vague and they could arguably use it to put a high tension line across my property with no further consideration. After losing a little sleep I gritted my teeth, rationalizing that everybody else who had power from them apparently had signed the same easement; there would really be no reason for them to do so; and, most importantly... I wanted power to my house.

 

[two_bit_score]

OK, then does it stack?
Say, remain in force, back to here pays last 20 years value change, back from there pays x years, back from there pays back to x, etc.?

I'm not giving legal advice but generally the title insurance contract is between the Title insurance company and the person who is buying the subject property for the ownership term of that one buyer.

I've always bought it and I've always hated to pay the premium. I have never collected a cent and that is probably good. I recently purchased a commercial lot where there was a deed discrepancy on one side line. The adjacent property owner who purchased his parcel about a year previous but didn't get a survey would have benefited with about 3 extra feet on one corner due to wording in one deed but the surveyor was able to straighten it all out with a quit claim deed from him to me which I paid $10 to the neighbor for. I felt like I was the one actually protecting the title company but they were only going to issue a title commitment to me without a reservation if the matter was resolved. I did benefit from the relationship built up with the surveyor over the last 35 years.

I doubt that actually answers your question but it's the best I can tell you. My opinion and it's worth what it cost you.

 

[Streetcar]

We are in a situation where the county is about to do eminent domain. It's been a battle for about 6 years and so far we are winning.

They want to put a bike trail in through the southern edge of our property. This bike trail is about 40 miles long. All the land is guaranteed for their use except our little 1 mile section. I'll sell the 100 acres before a bike trail goes through. I'm already sick of trespassers , I don't want a paved road to bring more in

in Ohio, a win in eminent domain is getting the price you want. You can’t stop an approved public improvement.
When bike trail went in by me there were initial protest, now neighbors love it

 

[paulsharvey]

in Ohio, a win in eminent domain is getting the price you want. You can’t stop an approved public improvement.
When bike trail went in by me there were initial protest, now neighbors love it

We are in a situation where the county is about to do eminent domain. It's been a battle for about 6 years and so far we are winning.

They want to put a bike trail in through the southern edge of our property. This bike trail is about 40 miles long. All the land is guaranteed for there use except our little 1 mile section. I'll sell the 100 acres before a bike trail goes through. I'm already sick of trespassers , I don't want a paved road to bring more in

Eminent domain isn't as simple as government Wants it, they take it. They have to prove they Need it, and there isn't a reasonable alternative. Now, not legal advice, but the government normally pays Way above market value if you argue some; but if it comes down to judges 'order of taking' they will only pay the much lower tax assessed value.

You can also make arguments about say: you keep 50 ft of property between road ROW and trail ROW, and argue that that remainder is unmarkatable and they may be forced to buy that as well.

In the end, just be careful how far you take everything, get a lawyer, but they Can take it.