Legal Question in Real Estate Law in Massachusetts
Granting easement to neighbor
My neighbor and I both want to connect to the town sewer. It would be less expensive and less troublesome for him to connect by going across my back yard. We will have separate pipes for the hookup. He has agreed to pay the legal fees for a new deed. The deed will say that he must pay all expenses for any work that needs to be done in the future if there is a problem with his hookup. We have a survey from the town already. How can I determine what a fair compensation should be to me for granting him the easement?
1 Answer from Attorneys
Re: Granting easement to neighbor
Traditionally, towns and city's pay very little for sewer easements. You could check with the town your in and find out what they pay in the rare instances they require sewer easements.
However, there is another point of view. What will be the impact of the sewer line on your property in the future. If it simply goes within the set-back area or along the line of your lot, the impact will be negligible. If however it cuts accross the center of your back yard so that if someone wanted to put in a pool or tennis court or expand the house and couldn't that is something else. The cost to you in value now and in the future could be more significant than you are contemplating.
Generally, sewer easements prohibit putting structures within a certain number of feet and certainly no structires over the line itself.
You and your neighbor should meet with an attorney and have an easement drafted. it should deal with who is responsible for what and when, access, et cetera.
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