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  1. #1
    Join Date
    Sep 2011
    Posts
    2

    Default Easements for Private Water Service Line

    My question involves an easement in the state of:Ga

    My neighbor is trying to add city water. We live in a small neighborhood of 5 homes. The main road into our neighborhood starts out as a normal residential two way street but the section that gives access to our homes was originally a private drive that was deeded to the county but is not maintained by them. It is 10 feet wide with a 50 foot right-of-way. Our drive is a shared drive with one of our neighbors that crosses both of our lots. The entrance of our drive is on my neigbors land and the begining section is actually on the right-of-way. The neighbor that is wanting to run city water is asking for an easement from both of us. If the water service is going on the right-of-way then should either of us be giving her an easement? Should she be getting the easement from the county? If we don't give an easement do we have a right to request an agreement specifying that the line be bored under the drive going across the right-of-way and that they accept responsibility for returning it to the condition it was in before the construction and or future maintaince and or any other damaged that might be caused? If they get the easement from the county can they run their line through or under our drive without our permission. Lastly if the part they are going over is on our neighbors land should we be a part of signing anything since we don't own that part of the land but we do have an agreement to help maintain our drive. I don't have a problem with them running the water line I just want to know how to protect myself from any damages. Thanks for any help. D.

  2. #2
    Join Date
    Aug 2010
    Location
    Maine
    Posts
    206

    Default Re: Easements for Private Water Service Line

    If no part of the waterline will pass under or through land owned by you, then you typically cannot grant an easement. It appears that the county owns the fee under the road, since you stated that the private drive was deeded to them. The water company may already have or would have little trouble acquiring a utility easement over the county road.

    Do you have an easement with the neighbor for the portion of your drive that is on their land? If so, then they would likely have to return or be made to return the drive to it's original condition once work is done. If you have no easement from them, I would definitely pursue some sort of construction agreement. I'm uncertain what your responsibility as a "shared maintainer" of the drive would be in this case. Common sense tells me that you would not share in the building expense of another's waterline, but the law in your state may be different.

    An attorney in your state would be able to answer these questions.

  3. #3
    Join Date
    Sep 2011
    Posts
    2

    Default Re: Easements for Private Water Service Line

    Yes we both have a perpetual easement for use of the drive and an agreement to share in the maintance of the drive. When the drive was constructed it was paved all the way to connect to the main road which means that approx 26 feet is paved across the right-of-way. I wasn't so much concerned about paying any toward their water line but was concerned how I could protect myself in case of damage done to our drive and being able to have them be responsible to repair it. Thanks for your reply.

    After rereading your reply I wanted to make clear that the neighbor adding the water line is not the neigbor that shares the driveway to my home. The water line would be going under our driveway that is on the county right-of-way. There is no maintance agreement for the main road that is an access for all the homes and is considered a public way.

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