Easment for Water Company

I received a call today from my water company requesting a meeting to discuss the possibility of getting an easement from me to run a water line through my property to my neighbors. I have not set up the meeting yet but wanted to get some basic information from those in the know on this sort of thing. What do I need to know...what are pivotal questions to ask...

I own approximately 55 acres and the length of the run, I am assuming, would be around 540 feet. My property is all fenced so I know there may be issues with this, however the property line does extend 15 to twenty feet past my fence so I would think they would want this run right down the road rather than through my fenced property.

I have not dealt with this before so any information would be very helpful to me.

Thanks in advance.

MJ in Illinois

Mj911sc said....

"I have not dealt with this before so any information would be very helpful to me."

Go to the meeting. Try to negotiate for a place for the easement you would like to have it. Typically you can get compensation for granting this easement, how much is negotiable.

The easement is actually for your neighbor. The water company could care less. And since this is a private versus public request, the chances of eminent domain are slim to none- in my opinion-which gives you the upper hand.

Remember that the easement is not only running a pipe, but protection on the surface on either side of the pipe. Meaning you can not build on that land without permission of the easement owner.

The water company will try and negotiate a one time payment, but I would ask for a monthly lease. The easement will run forever unless something is added to the lease agreement language to the effect that the easement extinguishes with the sale of the neighbors property- but then again, you will have to deal will an easement by necessity, adverse possession etc. from the new owner.

Things to consider:

1. Will the land be return to its pre-construction condition?
2. Who pays for maint- grass cutting, snow removal etc. of the easement area.
3. Will you be paid for additional construction or repairs after the initial installation?
4. Will you be able to build in the easement area?
5. Monthly lease per foot or one-time payment?

I would start by asking for $2.00 per foot per month. Of course, the water company will pass this on to the neighbor who will almost never pay this cost. The water company will weigh their ROI from the customer.


Q: Can the neighbor run the water line from another location instead of thru your property? Increased costs are their problem not yours.

Good posts. Read the agreement the water company puts in front of you. Limit it to only water. It could have all kinds of stuff in there. Once they go in the area will look good for the electric company, phone, cable , etc. Make the easement non-exclusive and make sure you get paid if any other utilities want to use the same area. Don't let the word assigns get in there. Successors OK. Tell your neighbor its business. The longer you wait the more they look for another way in.

My property runs along the road (it is a small country road) and that is where they plan to run the pipe. The electric company is already run down that side of the road, the other side is inhibited by large trees. There are more than one neighbor down that road and my property line runs about 540 feet so $2 / foot per month seems a little steep doesn't it??? The land is not improved at all...it is more than a half mile from my house and just let go to grow, except I do mow right along the edge of the road. Thanks for all the great info and if you have any other ideas or info please post away!

Thanks!!!