Legal Question in Real Estate Law in Texas
Developer request for utility easement
We live on two acreas on a corner in a rural area. A developer has acquired acreage behind us and is subdividing. He has requested that we grant a utility easement that will not benefit us in any way in order to allow him to gain four more lots and charge more for them.
Do we have the right to ask for compensation? Can we be forced to grant this easement? This developer has already shown that he is capable of ''shady'' practices.
His approved plat for was for underground utilities. Unfortunately, the utilities he has had put in place on the perimeters of his acquisition are above ground. We are now looking at four additional poles in addition to the three already in place across tha back of our TWO acreas. This seems excessive, as well as a violation of his approved UNDERGROUND utilities.
The easement he is asking for is on the adjoining side of our two acres. Once again, we will not benefit in any way from the granting of this easement as we currently have electric service, as we have had for 23 years.
We already have several utility easement on our property and this will be more, potentially lessening the value of our property.
Please advise. Can we request to be compensated for this grant of easement?
2 Answers from Attorneys
Re: Developer request for utility easement
You are absolutely entitled to compensation. If you negotiate directly with the developer, it's just a trade on price, though consideration needs to be given to the terms of the easement granting document. If he won't pay what you want, he may ask the electricity provider to condemn an easement, which is a legal process requiring, most likely, you to hire a lawyer.
Re: Developer request for utility easement
Yes
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