I own a very oddly shaped 1 acre of land, long and narrow that has one border that is curved. New neighbor bought the 7 acres to the north and is building their dream farm. With no warning we were handed a form for us to sign giving easement to the power company to install new neighbors (NN) power lines. This easement bisects our property. All for the price of $1.
Pros:
*it's just a field and only about 550 sqft
*it should only be an overhead line
Cons:
*it bisects our land in the middle
*$1??? seriously???
*these neighbors have been entitled and I don't feel like doing them any favors. They've already disturbed the ground well over the clearly marked property lines
*they can run the lines from other places, this route is the most direct.
My questions are, What would be fair compensation if we agreed? Should we agree? Potential problems if we agree?
TIA
New neighbor wants easement through my property for ele.
byu/getaclueless_50 inRealEstate
Posted by getaclueless_50
24 Comments
An overhead line that will impact your view shed? What possible price is there for this and also impact on resale should be considered. I assume you’re talking to a lawyer.
Tell them to pound sand or it will 25k. You don’t want the liability (there is no reasoning behind either statement)
That would be a hard no from me. Once you grant access for an easement, you lose control of the property. The utilities can pretty much do as they please.
And it will definitely affect your resale. When I was looking for a new house, I quickly skipped over everything that had any sort of easement. A lot of people want nothing to do with them.
Fuck that. Seriously. I guess what it comes down to is do you want pristine land or do you want to make a quick buck? I personally would tell them to go around the edge of the plot and everything must be underground and aesthetically stealth so it’s not an eyesore. I would then also make them sign a waiver that they accept all responsibility if an issue arises with the help of an attorney to draft it. I would also then set a price of whatever the land they are utilizing is worth plus the revenue lost in being forever unable to utilize that land in the future and potential losses when you go to sell the property.
Alternatively, straight up sell them a bit of land along the edge of your plot so they can run their own utilities. Make it expensive. You make bank and they get their utilities and they have all the risk
Find out how much it would take to run it from another side and maybe cut off 25% if you want to be nice.
You can never get it back after it becomes and easement.
They are being jerks about it for it only being a dollar. You will have diminished property value that you would have to be compensated for.
They came at this all wrong. Do not sign anything or agree to anything before consulting a land attorney.
Maybe if you want to play ball tell them you need $500 to consult a lawyer on their dime.
You will never be able to put any kind of structure on that easement area. Anything you do put in that area can be legally removed without notice if they need to work there.
Consider reduction in property value with the unusable land, and the unsightly power lines. I would let them know that it will cost them dearly.
I would consult an attorney to decline. They have 7 acres, they need to find room on their own land
Absolutely not.
Random power lines across your yard are going to significantly lower your resale value.
Don’t agree. Or if you do, ask for 50 K and a requirement for it to be all underground and all plans are approved by you, and the easement is no and void without your written approval at the end of the project. Make sure that you have zero plans for that area.
Or say no. You don’t have to. These neighbors sound annoying already.
Hire a lawyer inform them to kick rocks.
The price of the land, as they can buy it from you if they want it. Don’t do it it will be a problem for you and the next guy. You can be nice and offer them a non exclusive underground easement on the edge of your property and let them figure the rest of it out on their own.
Who gave you the paper?
If it’s the power company, you don’t have much recourse.
If it’s them, say no.
Absolutely no aerial line through the middle. They need to go at the edge of property lines and I would make them bury 4 feet down if only a lawyer tells you that you will lose this. Otherwise decline.
Check satellite map and see if they can go through someone else’s property.
Then say no to everything and make them go elsewhere.
Going down the middle of your property is absurd. Only down property lines and buried is acceptable if they can force it.
The fact that they assigned a dollar value to their idea before discussing it with you is bizarre. You state they can run the lines in other ways, I would suggest that. You have plans for that land in the future and don’t want the hassle of working around electrical lines, doesn’t matter if they are buried or above. My answer is NO considering you aren’t the only option, just the fastest and cheapest for your neighbor.
You guys all have no idea how utility easements work… they’re going to do it, the $1 is for deed recording purposes. They’re not going to pay you anything at all. Four hours from a land use attorney is all it will cost them if you are talking lawyers and court costs plus another 4 hours for actual court costs. That’s like $2,000 on the high end, and $1,000 on the low end.
Don’t do it. My wife and I searched for our dream home for years and it seemed like every candidate either had overhead lines on the property or very large lines very close. We avoided each one. You cannot predict what the utility companies will do with this easement in the future. Say no.
1. They are an eyesore.
2. The utility that holds the easement will be able to do whatever they want that can be in any way justified as easement related “in and around the easement.”
3. The utilities that hold these easements frequently veer outside of these easements with their disruptive activity and their lines. And what are you gonna do when they do that?
4. The easement will be drafted by the utility’s lawyers with enough wiggle room to ensure you have little to no say or power over what they do.
5. When you buy a property you are subject to any and all easements publicly filed at that time. This proposed easement was not recorded when you bought your property so you had no notice of such an infringement on your property and are therefore not required to approve of the easement.
6. In line with 5 above, the new neighbor had every opportunity to understand the power distribution and access rights to the property that he decided to buy with no one putting a gun to his head. For all you know, he might have other options that would cost him money so instead he has asked for the power company to encumber your property basically for free.
7. People do not like to buy properties with more than the minimum, typical roadside utility easements that serve their home and neighborhood directly and this proposed easement would not be that. Because an easement means other people control that part of your property and they can be abusive of those specific rights. Meaning you may have to fight them legally in the future for abusing the easement. Property buyers know this when they see easements on the properties they look at and tend to avoid them.
8. $1 is not just compensation for such an infringement. To offer such low compensation says a lot about how this company will treat you in the future. Yes they may take legal action if you say no but I would make them fight for it.
9. Growth in demand for power is causing all sorts of upgrades to power lines. Because eminent domain is so politically difficult and expensive, power companies will leverage all their easements first as much as possible to do their major upgrades in the future. Not saying this easement will necessarily lead to huge transmission lines over your property one day but I would not allow that camel’s nose under my tent.
10. Bisects your land in the middle means you will have a severe impediment to the enjoyment of your property. And lots of people who will feel like they can enter your property from linesmen to tree hackers to you name it.
11. Many people like other neighbors or hunters will see this easement as public property so you will have an increase in ignorant trespassers (sincere or otherwise).
Go see a property lawyer and ask for some advice on how to say no and keep it that way. Run far and fast away from any lawyer who “pooh poohs” your concerns and says something like, *”you can’t fight this, just go along with it, do you have plans for another house under these proposed lines? This is power we’re talking about here, you’ll never win.”* All that means is he doesn’t want the case because you are little guy and the power company is big.
You can and should say no and trespass anyone who wants to force this through. Run off surveyors you did not order. I recommend fencing your property soonest and posting No Trespassing signs.
For $1? no.
You can counter with a contract and legal description of the only place you approve the easement, and set an expiration date if you want, such that they rent the easment from you. Remember, once that utility goes up, you can’t build anything under it, etc. They’re essentially “buying” that easement property from you.
Contact a lawyer first. I’d also require them to bury the power lines not run them in the air right across your property
Depending on the cost of land in your area, charge them anywhere from $100,000 to $1,000,000.
!remindme 1 week
No no no. Been there done that. No.
I’d say no solely based on principle. 1 dollar is insulting.
You can’t ask a favor and insult me at the same time.
I wouldn’t do it. You said there is a way for them to do it, albeit not convenient? Their convenience is not my problem.
Yeah, this is not a simple situation. Never let overhead lines bisect your property. Talk to an attorney, and make sure that legal fees are included in the easement agreement. This shouldn’t cost you a dime. See if the utility company can give an estimate on underground power lines. Alternately, have them circumvent your property all together. Talk to an attorney about it all.