WATER LINE RIGHT OF WAY

[btolle]

</font><font color="blueclass=small">( I will ask my neighbors in the next day or so if they signed anything regarding an easement )</font>

If you do need to get an easement I would go about it very carefully so as not to get your neighbor upset. If necessary you could possible get some type of "floating easement" that just says you can run the water line across his property at a location convenient to him. It might say you don't have to move it at their demand, but that if you ever have to replace it they can dictate where it is moved to. Might make it a little easier for them.

Law.com floating easement ... "Easements may be specifically described by boundaries ("24 feet wide along the northern line for a distance of 180 feet"), somewhat indefinite ("along the trail to the northern boundary") or just for a purpose ("to provide access to the Jones property" or "access to the spring") sometimes called a "floating easement."

Look at it from his side: Would you want somebody to "hinder" your use of your land and not pay anything for that privilege? By using a "floating easement" he is not restricted in what he can do on his property. If he (or a future owner) decided to build something where the water line is located the water line could be moved out of the way.

Personally, if I were your neighbor I would not sign anything that hindered by property without compensation ($$) unless it was a 'movable object'. As a real estate agent I do know that any hindrance on a property may affect the value of the property now or in the future.

As always, you know him and are the best judge of how to approach him. I would not approach him with the paperwork in hand. Just talk to him and explain whatever type of easement your lawyer thinks is appropriate first and if he agrees then give it a few days before you present any documents for him to sign.

Bill Tolle

 

[jpr62902]

Bill, just a few points.

Easements often do appear on deeds when they are part of the original conveyance. Regardless, they need to be recorded in the chain of title for the parcel on which they exist. It should also be recorded within the time limit defined by that state as the window of marketabilty. In Ohio, it's 40 years (i.e. you only have to search the title back 40 years to establish marketability or lack of encumbrances).

The law.com definition of a presciptive easement sounds more like adverse possession to me. As I understand (and I'm going back 15 years to my real property class in law school), a presciptive easement is really an easement by necessity, such as when a parcel is land locked. That said, perhaps BRIGUY could establish that necessity if a well is not a reasonable alternative.

On the other hand, I like your idea better. Approach the neighbor and see if it can be worked out over a cup of coffee and a piece of pie.

 

[BRIGUY]

This is getting interesting to say the least.

The Town (my property is in the town)
The Village (Village Water line)
County Clerk
Previous owner
Owners of the other property and there nepnew.
lawyer

All involver at this point but no answers yet.

The neighbors are great and will probably do what ever necessary to address my issue.

 

[Wannafish]

"Easements do not normally show up on deeds, surveys, or title policies."

I have to disagree with that statement - at least as far as Michigan is concerned. At a minimum it better show up on a title policy...and I know they are listed on our deed.