Sewer line right of way, yes or no

VaRandy · Feb 3, 2007

I have been asked by a church if I would grant them a right of way to run sewer line across my land to their building site. Has anyone be thru something like this before? They would need a 20` by 220`strip, Land here is selling for about $350,000.00 per acre and it would cut across my drain feild so I would have go on city sewer ($$) I know they would have to atleast hook me at no cost to me but thats not enough. Any ideals.

Thanks
Randy

nobull1 · Feb 3, 2007

There are a couple of unanswered questions. Why do they want to use your property instead of their own? Do you like this church? Do you want to pay the amount[how much?]per year to be hooked up to the sewer system? The details can make or break the deal.

randy41 · Feb 3, 2007

I see you live in NOVA Randy and your land price sounds reasonable for there. But from what I know most sewer mains run down the middle of the road and I would think that they could hook up to it without having to cross your property. So maybe theres some more info? And is hooking up going to become compulsory?

VaRandy · Feb 3, 2007

The only way they can get to the sewer line is thru me, they have tried every other way. VDOT will not let them cross any roads. The cost of sewer use is about $ 400.00 per year. Do I like them ? ah they could say or go don`t care.

($ 25,000.00 tap fee and about another $10 to 15 K for the line to the house they will have to pay tap fees and any cost I incure hooking up or no deal)

Thanks
Randy

EddieWalker · Feb 3, 2007

Since they need you, go high on your price and ask for the world just to see what happens. If you start out fair, they might take advantage.

You didn't say how long the run will be.

A sewer line needs a manhole every 500 feet or less in my area. If you have a manhole on your land, then they have an access point and will use it if and when they need to. If it's just the pipe crossing your land, it will be very unlikely that they will ever need to access your land for a pluged line. All work is normally done through the manholes.

Why should you have to pay for the sewer usage?

Charge them a fee for crossing your land, and make them pay for your sewage usage. You can even tap into the line at the manhole on "their" land.

Will city sewage increase your lands value for taxes?

Will selling them the rights increase your tax bracket adversly?

If you come to terms and agree on letting them do this, be sure to get a very large cleanup deposit. Have a lawyer write it up so that you have control over what to charge them to repair your land, clean up garbage and deal with anything they don't. Figure $100 an hour for your labor at a minimum. Be sure the money is held someplace that you can access it if you need to use it, and they cannot get to it if decide they want it back.

Large deposits make for cleaner jobs!!!!!

Good luck, it sounds like a good oportunity for you.

Eddie

WayneB · Feb 3, 2007

Randy, I looked at your profile and it indicates that you have an acre and a half of land. Keep in mind that if you grant them an easement that is 20 feet wide and 200 that it is a good portion of your open space land.

I am not sure what impact this will have on you initially, but down the road it could be a major issue when you try to sell your property. All easements are recorded on the land deed and this is certainly something that is a major red flag.

They (the church people) will tell you it really doesn't make any difference and will not effect the value of your property. There are many cases where septic and sewer easements have been issued and at the time the landowner wants to sell his property all of a sudden the easement becomes an issue with the buyer’s bank and will not loan money on the property.

Is there any reason they cannot use a septic system for the church? If they have enough land that might be their best approach. You are in the drivers seat here so I wouldn’t just go along and feel sorry for them. Make them pay a fair amount for the right to use your land. If you are losing your septic system to aid them then make them remove your old system and redo the area. They should also attach your sewer requirement to their line and you pay nothing to the town for the usage. Bottom line here is you should gain on this situation and it certainly shouldn’t cost you anything. Plus you should be putting some money in the bank for your kindness.

Just my two cents.

Wayne

Eddie pointed out that you should not have to pay for yoru city sewer charges and I agree. I am not sure how your town fathers would think about that.

nobull1 · Feb 3, 2007

Lets see: If you get free sewer hookup and fees paid so long as (you) live there,(that's the give on your part]. If they had to buy the land it would cost them at a percentage of $350,000.00 per acre $35,000.00(that's the take). So if you get the value of the land, plus the free hookup and fees paid for your time you live on the land that is fair. When you sell your land it has a higher value with services(I assume )and no septic maintenance cost to you. This is a fair deal and the "bottom" line in my opinion. If this right of way is going to have a negative effect on your property value than I would want double the the anticipated potential loss plus all of the other things as well(bottom line). I am assuming that the church lot can't be developed with out your right of way(no septic)? If this is the case the only person this lot is of any value to without the right of way is you(I would tell them I really don't want your land, "but" would like to help you out). The perception of the deal is what will make or break it. So long as everyone thinks they are getting a deal everyone will be happy(very important). My self I like the "here it is I'm being fair, take it or leave it approach", others like the start high and go from there...that's your choice. If they don't bite tell them to call you in about a year and you can talk again. Most times this is a good negotiation tactic because they want to go now not a year from now. When they have to wait a year all things could change, and usually to the sellers benefit(most people realize this).

Just my opinion for what it's worth.

CurlyDave · Feb 4, 2007

See if there is a way to run the line & easement along the edge of your property. The run may be longer, but the easement will be less disruptive to your use of your land.

czechsonofagun · Feb 4, 2007

VaRandy said:
I have been asked by a church if I would grant them a right of way to run sewer line across my land to their building site. Has anyone be thru something like this before? They would need a 20` by 220`strip, Land here is selling for about $350,000.00 per acre and it would cut across my drain feild so I would have go on city sewer ($$) I know they would have to atleast hook me at no cost to me but thats not enough. Any ideals.

Thanks
Randy

In our area they use sewage tanks for lots that dont perk. Maybe the church could look into that?