Really getting tired of having an easement on my land...

[ultrarunner]

The city has a 1950's 10" sewer main serving about 100 homes running across the middle of my acreage behind my home. Actually, three 8" lines come together at my rear property line with 5 man hole covers total.

The previous owner lived here over 50 years and never saw anyone on the easement.

Due to new EPA regs... the city is replacing miles of old clay sewer and has been in my backyard with excavators, backhoes, trucks, compressors, trailers for 1 year this month...

They have a 10' easement which they can't use because there are protected heritage oaks growing in the way... so everything comes down my driveway...

I've come home and found my equipment moved and tonight... my new 150' craftsman garden hose missing.

Is there anything I can do to keep them on the easement and off the rest of my property?

I was thinking of parking the Deere 110 TBL on my cement drive... then I thought I'm sure they have a universal key???

 

[aczlan]

Document EVERYTHING with times, dates and pictures if possible, I would add a CCTV system to record who goes in and out and what they do on your property.
Call the head of the public works dept and complain that their employees are making a mess of your property outside the easment. If you don't get a response, call your lawyer and ask about an injunction to get them off, or at least compensate you for the inconvenience/hassle/disruption.

Aaron Z

 

[ultrarunner]

I put in a call to the head of public works and left a message...

If I don't hear back by noon, I will drive to the maintenance yard and find her...

The irony is all my neighbors are getting free lateral replacements...

I am the only one out of more than a 100 not eligible because I paid to have mine replaced about 6 months before the project was approved...

Might have felt a little better if I had not spent $3600 out of my pocket for something this pilot program is giving away free...

Way back I did talk to the foreman who wanted to cover my culvert for easier access... they said they would get me a load of drain rock... what I got was recycled concrete... they also used their hammer to break a couple of boulders I wanted gone anyway... really hard stuff.

I guess never assume just because no one has used an easement for decades means they forgot about it...

My neighbor has 10' on his side too... an older guy with a lot of landscaping.

They saw my Backhoe and figured I would be easier to deal with...

 

[Ken45101]

A lot depends on the wording of the easement. Typically they are written to give the utilities freedom to do whatever they want. Most people sign them without paying any real attention.

The electric company here was putting in new lines and wanted an easement. Geesh, the language: they could go anywhere on the property, do whatever they pleased. I was prevented from having any "obstructions" to their access. (Isn't a fence an "obstruction" to access?) Imagine, a farm with farm animals and no fences allowed including along the road? I argued with them and they came back with a much more simple easement agreement without the dozen problem issues. But, unfortunately, the time to argue an easement is before it is signed, not after.

 

[ultrarunner]

My area was laid out for horses... a network of trails and zoning that allows private horses... can't board for others or run any type of business.

60 years later... less than 1% have horses...

It's been a year of off and on not being able to park in my driveway... which is way outside the easement.

I guess I did it to myself... being the only one with a dozer and backhoe let me tame the back 40 and put in great roads and my roads are the only access to about 70 acres... some land I own and most is land owned by others behind their homes...

For the most part... no one is home all day... giving the contractors free rein.

Taking the water hoses I use all the time just set me off last night...

Even though it goes against my nature... I was tempted to round up all their shovels, rakes, handtools and let them come to me...

 

[brin]

ultrarunner ~ I would notify the boss of the job you are missing the hose and state the amount....it is rather obvious the workers had to have taken it....and I agree...I would have a video camera set up where they can't see it and record every bit of what goes on...file suit later ..even if it is just in small claims court...$5K to $10K usually and you could easily win with the video even without a lawyer...you have rentals like me....you have been to small claims court before...right...?

 

[ultrarunner]

Never lost a case in court... don't have to go often.

The last time the Judge commented on how I was the best prepared plaintiff ever to appear before him and asked if I had a legal background ;-)

This year I was going to replace my driveway... just old. Sure glad I didn't or maybe I should have?

Never fooled around with game cams and first heard about them here at TBN

It would be fairly easy to set on up on the garage eves...

Any recomendations on cams and where to get one?

 

[aczlan]

This year I was going to replace my driveway... just old. Sure glad I didn't or maybe I should have?

Perhaps they should replace it when they are done for the damage that they have caused to it...

Aaron Z

 

[riptides]

Dang, bad for you Ultra.

My state highway department wanted to take some water from a creek on my land. We met in person and covered what, when, how they were going to do it. They then sent me a letter, explaining it in writing. And explained the property was to be left in good working order. Very professional.

Nothing like what your going through. I'd be meeting the worker bee's in person, telling them not to come on my land anymore, or call the sherrif and raise a stink about it, since the public works supervisor is no where to be found.

 

[Firemanbuck]

My area was laid out for horses...

Are you down in Cate Farms by Yelm Highway? Just curious.