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  1. #1
    Join Date
    Nov 2010
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    Post Neighbors are Trying to Force a Grant of Utility Easement

    My question involves real estate located in the State of: NORTH CAROLINA
    We own land that joins to the neighbors. They have an easement to cross our 62 acres to access their side but do not have an utility easment. We were ask to give this to them and agreed to for free. They are now taking us & the Utilities Commission to court for eminent domain condemnation process. What can they do when you offered it to them for free if they put it undergroun. They do not have any homes on their land. Do they have to pay for this easement? Thanks for any help I really don't have the money for an attorney. We are in the process of selling this land and don't need any tie ups now.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Neighbors are Trying to Force a Grant of Utility Easement

    Were the two lots ever part of the same parcel?

  3. #3
    Join Date
    Apr 2008
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    176

    Default Re: Neighbors are Trying to Force a Grant of Utility Easement

    They should have offered to purchase the easement before they start any condemnation proceeding. Its called fair and adaquate compensation and good faith negotiation. Have you been served?
    Read any document an electric company or cooperative puts in front of you. Lots of future rights in those documents that you don't have to grant. Your neighbor doesn't like having to pay to put the line underground on your property but may do just that on his. Something to bring out in front of a specail master. Ask to see the appraisal. Got to have one for the condemnation.
    Good luck.

  4. #4
    Join Date
    Nov 2010
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    4

    Default Re: Neighbors are Trying to Force a Grant of Utility Easement

    Quote Quoting Mr. Knowitall
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    Were the two lots ever part of the same parcel?
    Yes but it was divided in court and they have to cross our land by the way of right of way access without any utility easement.

    I am in the process of getting an attorney because they got a 45' right of way to cross our existing road. They have not planned on widening the road to 45' and put in utilities. Since they didn't have that easement they went to the utility commission and started condemnation process but we have not been served yet just the utility company has. In NC we are not sure what the laws are. This is lake property that we have up for sale and don't want it to lower my value.

  5. #5
    Join Date
    Oct 2007
    Location
    Ohio
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    2,357

    Default Re: Neighbors are Trying to Force a Grant of Utility Easement

    Yes but it was divided in court and they have to cross our land by the way of right of way access without any utility easement.
    JENNYE why don't you just post up the verbiage used by the court in granting the right of way.

    If they have not served you, they have not started the condemnation process.

    I'm not understanding how this process, if successful, will lower your property value.

    Since they didn't have that easement they went to the utility commission and started condemnation process but we have not been served yet just the utility company has.
    This statement is confusing. This states that the utility company has been served, but you have not. Can you make this more clear?

  6. #6
    Join Date
    Nov 2010
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    4

    Default Re: Neighbors are Trying to Force a Grant of Utility Easement

    Sorry if I am not making myself clear. The language used was they have a 45' right of way across the existing road on our side of the property to access their side of the property. No utility easment was provided. We were going to give this to them free, but before the paper work was done they went to the utilitites commission and they have an order serving complaint against Duke Energy and Frontier Communications. Duke energy came to us stating they would in turn start the condemanation process. We are waiting for the papers to be served to us any day. Our neighbors that did this drew up plans to put in a 45' road with underground power. If they put in a 45' road and they do not put back the gravel etc. this would hurt our property. They also think that they own and can put up anything they want just because they were granted this right of way to access their property. Hope this helps you understand. I am not sure what NC laws are on condemnation process but what I was told they can do this. Some say they have to pay you for it. Hope somone would have some answers sure would appreciate it. Thanks
    Quote Quoting LandSurveyor
    View Post
    JENNYE why don't you just post up the verbiage used by the court in granting the right of way.

    If they have not served you, they have not started the condemnation process.

    I'm not understanding how this process, if successful, will lower your property value.



    This statement is confusing. This states that the utility company has been served, but you have not. Can you make this more clear?

  7. #7
    Join Date
    Oct 2007
    Location
    Ohio
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    2,357

    Default Re: Neighbors are Trying to Force a Grant of Utility Easement

    We are waiting for the papers to be served to us any day.
    This would be your indication that you need an attorney now.

    I'm not trying to be glib about this, but to help you. No one here can fight a court case for you through the internet.

    Duke Energy and the cable company have a financial interest in seeing land developed which will provide more customers for them. They are now your adversaries along with your neighbors. Yes, you can probably get some money out of this. The reason that they are going through a condemnation proceeding is that you are correct; an easement for ingress egress only does not provide for utilities. You have their entire development potential blocked at this point.

    Please get an attorney.

    Good Luck!

  8. #8
    Join Date
    Nov 2010
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    4

    Default Re: Neighbors are Trying to Force a Grant of Utility Easement

    THANKS, I am in the process of getting an attorney but not sure of any good ones in our area. Our neighbors gave part of their land away to a lawyer in our town to fight his case. I don't think they can widening the road to 45' but who knows with all the laws. I pray I can find a good attorney because I really would like this all done so we can sell this property. Thanks again for your advice.
    Quote Quoting LandSurveyor
    View Post
    This would be your indication that you need an attorney now.

    I'm not trying to be glib about this, but to help you. No one here can fight a court case for you through the internet.

    Duke Energy and the cable company have a financial interest in seeing land developed which will provide more customers for them. They are now your adversaries along with your neighbors. Yes, you can probably get some money out of this. The reason that they are going through a condemnation proceeding is that you are correct; an easement for ingress egress only does not provide for utilities. You have their entire development potential blocked at this point.

    Please get an attorney.

    Good Luck!

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