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Encroachment Over Utility Easement - Who Pays when Damage Occurs

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  • 12-13-2010, 09:44 AM
    MAKATTACK
    Encroachment Over Utility Easement - Who Pays when Damage Occurs
    My question involves real estate located in the State of: Indiana

    Hi all. This is my first time posting here and I sure hope someone here can help me. We are looking into buying a house that is located close to a utility easement. The previous owners obtained authorization from Shell (pipeline owner at the time...now it is BUckeye) to build an addition that encroached on the easement.
    My question is this: If Buckeye needs to service the line and damages our yard or addition in the process, who is responsible for the repairs? Assuming the damage is done to the addition that encroaches on the utility easement.

    If no one knows....any idea where I would find this kind of information?

    Thanks everyone in advance for your help!

    Mak
  • 12-14-2010, 06:38 PM
    Mr. Knowitall
    Re: Encroachment Over Utility Easement - Who Pays when Damage Occurs
    By "obtained permission", exactly what do you mean? This is in writing, signed by a Shell agent and undisputed by Shell? Exactly what does the written grant of permission say? This is an underground pipeline, and you know that the structure runs over the pipe or so close to it that the structure would be damaged during maintenance to that portion of the pipe?
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