Easement Rights and Understanding

[jake101]

Can someone help me understand what rights does the Grantor and Grantee have over said property with sewer easement? The easement reads as follows:

"the Grantors, do hereby grant and convey to the Grantee, a body corporate and politic created and existing under the laws of XX, its successors and assigns, with covenants of general warranty, the perpetual right of way for a sewer pipe line xx" inches interior diameter, with the necessary connections an appurtenances thereto, to be build by tunnel construction, in, under and through the land owned by the Grantor(s)"

It also reads as follows:

"TOGETHER WITH the right to build, install, construct, maintain, inspect, repair, reconstruct, rebuild, replace and remove said sewer pipe line, for the transportation of sewage in, under and through the right of way herein granted and conveyed; and together also with free and uninterrupted right of ingress, egress and regress through, in along said right of way in the exercise of said rights, without let or hindrance form the Grantor(s).

THIS GRANT shall not include any rights in the surface of the Grantors' land and said land may be used for such purposes an in such manner as will not interfere with the Grantee in the exercise of it s rights."

[budwad]

That is a pretty straight forward recitation of the rights granted.

The grantee gets to install a sewer line underground and use it forever no matter who owns your property. That is what in perpetuity means. The grantee can sell their company to another entity and the easement passes to the assignee.

They can come upon the grantor's property whenever they need to replace or maintain the line without asking permission and at any time.

The grantor gets to use the surface area for anything that is not inconstant or harmful to the line below it. You can't put a building up over it but you could have a garden or crops for example.

I hope you are being compensated for the easement because once granted it devalues you property. If you want to know by how much you will have to talk to property appraiser.

[jake101]

@budwad

Thank you!

So the text "..maintain, inspect, repair, reconstruct, rebuild, replace and remove.." grants them permission to enter the surface of the property disregarding the text "THIS GRANT shall not include any right sin the surface of the Grantor's land.. "?

[llworking]

@budwad

Thank you!

So the text "..maintain, inspect, repair, reconstruct, rebuild, replace and remove.." grants them permission to enter the surface of the property disregarding the text "THIS GRANT shall not include any right sin the surface of the Grantor's land.. "?

Correct. They cannot do many of the very specific rights they have been granted without being able to enter the surface of the property.

[jake101]

@budwad

That greatly helps.

Thank again!