Easement question

[2manyrocks]

TVA is the govt. and the govt. runs on paper. There is probably a recorded easement back in the chain of title in the day when TVA first acquired the land or developed this project or put up the towers. It may be 30, 40, 50 years back in the title, but it's probably there if you go look for it .

 

[ray66v]

I had several easements on my old property, and they are not such a great thing.

My property was dug up several times, down as far as 22 feet, with almost no notice to me.

Basically, for very little initial compensation, they have a right to do just about anything they desire, on that easement, forever.

My parents have a petroleum pipeline running through their property. It gets flown over twice a day. The minute you do anything, like plant a tree, or bring in a piece of digging equipment out, they show up.

For a one time payment to the previous owner, of a buck an acre in 1930 or 40, they have total control of 20 feet on either side of that pipe, and they are not at all reasonable about it.

The first thing I wanted to know before I bought this property, was if there were any easements.

Yep, the gas co. had contracted to store natural gas under mine, and all the neighboring properties for like $200/year, per property. So I accepted that, and they paid it for a few years. One day they sold to another company who said: "We will not abide by any contracts that the old co. signed".

They still store the gas under me, I just don't get paid now. If I ever decide to drill a well, I have to prove to them, that I am not tapping into the gas, that they are not paying to store under me. ARG....

 

[riptides]

Here's my basic questions:

1. If indeed, there is an easement/right of way on the farm somewhere, should it be listed somehow in the farm deed? If so, would it give specific allowances to their ingress or absent any verbaige to that, could they come "willy nilly"?

2. If in fact, the deed DOES stipulate that "the old access road" is their easement then unless they are using their "old access road" they would be treaspassing?

3. If in fact, the deed stipulates they use the old access road and in fact, it's over grown... just who is responsible for keeping it passable?

1. An easement must be recorded on your deeds. They usually go with the land.
Recorded, it should also give the description.

2. Yes.

3. Who ever has rights to the easement. Notice (who) can be multiple parties.

 

[ultrarunner]

Like Dave mentioned... I let the city crew come down my drive instead of the overgrown easement they have...

I know the guy by sight and they have been very friendly...

At first I was going to insist they only use the easement until the previous owner told me it was a problem with people wandering through all the time before it became overgrown... I don't clear it and it's covered in poison oak, unlike the rest of my land...

For now, anyway, it seems to be a win/win if there is such a thing?

 

[Cat_Driver]

You have to be careful and pick your battles carefully.

Being that they are the Government they can if they want do Eminent domain on what ever they want to and it would be up to you to spend a million dollars on attorneys to fight what they do.

Eminent domain refers to the power possessed by the state over all property within the state, specifically its power to appropriate property for a public use.

Best to be as cordial as possible and keep under their radar.

If you all get in a spitting contest you will lose. So calm down and take a breath and welcome them with open arms.

I won't go into my story here, but trust me if I had it to do over again......

 

[LBrown59]

I won't go into my story here, but trust me if I had it to do over again......

Aw; GO ahead that's what we're here for.

 

[biggerten]

CurlyDave seems sagacious and wise. Henceforth he's unqualified to be elected to higher office.

 

[forgeblast]

in our deed it is listed where the power company has an easement/access. They maintain it, spray and cutting. Anytime they do work we get letters in writing and the dates they will be there. My thinking would be if its not listed its not an easmen...then again.

 

[schmism]

Eminent domain refers to the power possessed by the state over all property within the state, specifically its power to appropriate property for a public use.

ya but 9 times out of 10 they the utility companies seeking the easements are private and therefore can not eminent domain your property.

 

[riptides]

Suggested reading on what power companies are adding to their kitty.

National Interest Electric Transmission Corridors and Congestion Study