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  1. #1
    Join Date
    Nov 2006
    Posts
    2

    Default Re: Sewer Easement Surface Use ???

    I知 trying to finish a development with an eight lot subdivision. A sewer line (not the one I知 using) runs in the backyards of three of my lots through a 15 yr Prescriptive Easement for Sewer. The state of UT requires 20yrs for an uncontested prescriptive easement. Now in order the get approval the city is giving the sewer district a right to review my plans. I知 ok with that, but, now the sewer district wants a paved asphalt road in the backyards so they can access the sewer should it ever need attention or repairs. I understand I have to keep the surface clear of trees and out buildings but with a prescriptive can they tell me what I have to do with the surface other than keep it clear and recorded the easement?

  2. #2

    Default Re: Owner's Obligations With a Prescriptive Easement for Sewer

    They cannot force you to install a paved road. I fail to see why they would want one. If they have to dig up the sewer, there goes the road. My suggestion is to go ahead and deed them an easement. They can take it by eminent domain anyway. I also fail to see how the city can give them the right of review as long as you do not encroach on the easement or place a barrier to access. However, you can't fight city hall.

  3. #3
    Join Date
    Nov 2006
    Posts
    2

    Default Re: Owner's Obligations With a Prescriptive Easement for Sewer

    Great minds think alike. Thanks for your input, I thought I was going nuts.

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