Legal Question in Real Estate Law in California

Sewer easements

I own a 5 acre parcel. There are

6 homes that have a right of

way easement across 350' of my

property. There is also a gas,

electricity and water

easement. There is now pulic

sewer across the front of my

property and 2 of the

neighbors want/need it to

their properties. The sanitary

district has approved and

engineered the line already.

The problem is this, there is

not an easement across my

property for sewer. My

question is this, what is fair

compensation for me granting

this easement? They want to

run it up the asphalt road that

has the existing r/w easement.

The 5 acre pacel next to mine

sold 2.5 years ago for $850k

(raw land) and there is a 1

acre parcel (raw land) for sale

at $700k now, just to give you

an idea of land values. Thank

you for your time and

knowledge.


Asked on 9/02/08, 3:34 pm

1 Answer from Attorneys
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Sewer easements

I have a bit of experience with easements, and also litigating disputes involving them. A fair price for this easement should be negotiated based on a number of factors. First, is how necessary this easement is. Whether your neighbors want it, or need it, makes a big difference, because it impacts whether or not they have a chance to get an easement without permission from or compensation to you. Since they are neighbors, if they have a good attorney, they might be up for negotiation, as long as you know how to defend your rights and interests. You will need to work into the covenants the conditions you require for granting, and you will need to be able to foresee future problems. Let me know if you would like to hire me to assist you with this.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this attorney, or any communication from this attorney, and nothing constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

Read more
Answered on 9/03/08, 12:26 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California