A new home is being built next door to my house, and the contractor has asked if I will grant an easement to send power lines underground across the back corner of my back yard. The power pole is back there, and the alternative is to run it overhead (potentially through some trees). They say they can do the underground line without hitting tree roots and hurting the trees back there or otherwise messing up the yard, and so I was inclined to let them do it, but I thought I'd check with folks here about a couple questions I have.
-
Does this grant them permanent authority to access and/or service the line through my yard in perpetuity? Could that affect future ability to sell?
-
I just got the easement and one paragraph says, "Grantor further agrees that no structure or obstruction will be erected or permitted or any trees planted on or within said Easement Area, that Grantor will not change the ground elevation thereof without the written consent of Grantee, or perform any act which will interfere with or endanger said electrical facilities." We have been considering building a patio back there–would this mean we can't?
-
Do people typically get compensated for granting an easement?
-
Anything I'm not thinking of? Would you do this?
Thank you for any feedback!
would you allow an easement for underground power across your yard?
byu/cooldudely inRealEstate
Posted by cooldudely
6 Comments
Probably not. Because what if you want to put something there that requires you to dig?
You would not “grant” as easement, you would sell it. If what they are asking for is fully within existing setbacks, the value is pretty low…or maybe zero. But if they are impairing future development of your lot (outside of existing setbacks), you should get paid.
And yes, you’re granting them perpetual access for service/maintenance/inspection.
I sold a 10′ easement for a water main. Keep in mind the absolute mess you’re going to deal with during construction. Your yard will never be the same…unless they can bore the entire thing.
1. Yes but the access would only fall on the power company, not the homeowner or contractor.
2. Yes this means you can’t build anything on top of it. (Unless you do it yourself and don’t tell anyone but then you risk them tearing it up if they ever need access.)
3. Yes, I would expect you to be compensated. As to how much would varry, it needs to be cheaper than the alternative, but still enough to make it worth what you’re losing.
4. These are pretty normal, if it’s a small corner of your yard this isn’t a big deal. Feel free to plant a garden or some landscaping but don’t put anything back there that can’t be moved or you don’t mind getting torn up if they ever need to fix anything.
I wouldn’t do it. There’s no benefit to you.
If the alternative is an overheard line, then I would be very inclined to accept it.
Underground line and you will never see it again. An overhead line is ugly and will require tree trimming every couple of years.
You should be able to plant small shrubs or a garden, etc over the underground line.
You’re being told you can’t build or plant anything in your own yard. Why would you do that?