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  1. #1

    Default Change of Compensation for an Easement / Right of Way

    We bought a house in NC in 2005. It had several lots including one with a water well installed by a private company. The former owners had a "gentlemen's agreement" which stated that in exchange for the easement and right of way that the owners would not receive a monthly water bill. We didn't like not having usage of the property but, free is free.

    As NCUC Rule R7-24 states that each person receiving services must be charged the same amount-no argument there, we will now receive a water bill.

    Here's my question: without the free water incentive are we going to be forced to continue to not have use of this property?

    The previous owner said that we own the land just not the rights to the land. What a crock. If it's ours than do we have the right to ask them to remove their equipment from the property? It would be cheaper for us to have them remove their well and drill our own,than to have to pay someone else for water. And we would have use of the additional 1/3 acre of land we own but don't own. Thank you for your time and advice.

  2. #2

    Default Re: Change of Compensation for an Easement / Right of Way

    Well after speaking to an attorney and to previous owners again, the easement is indefinite. So, I'm stuck with the equipment until they're done with it.
    Now to send a letter to the legal dept. asking if they'd be so kind to allow us use of the section they're not using to install play equipment. Can't wait to get the answer to that one.
    I really wish people would mull over these decisions and how they may affect future owners before they enter into them.
    Now we're stuck paying for water that's being received off our land and we have no right to use it.

  3. #3
    Join Date
    Dec 2008
    Posts
    627

    Default Re: Change of Compensation for an Easement / Right of Way

    you can use the land that encompasses the easement, you just can't do anything permanent to it. Whatever you put within the easement bounds needs to be removed if/when they need to use the easement to access the well and equipment for service or whatever.
    You could put up a swingset, jungle gym, sandbox, etc etc. But you need to remember that if they need it removed for them to do something then you need to remove it.

    If the private company had no problems with you getting the water for free as compensation for the loss of land use, and you had to start paying for other reasons maybe this company would consider paying you for the easement an amount equal to your water bill. Worth asking about anyway.

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