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  1. #1
    Join Date
    Dec 2008
    Posts
    5

    Default Can Utility Work Be Done Without an Easement

    Does the water district have the right to add onto an existing water line on your property if they do not have an easement? We paid to connect onto the water district and they laid a line onto our property and installed a meter, but they never had us sign an easement for the line they laid. Now our neighbors want to get connected as well and the district wants to connect to the line in our backyard. I asked what we would be paid for damages and they said nothing. In Kansas, can they legally add onto the existing line without an easement?

  2. #2
    Join Date
    Apr 2008
    Posts
    176

    Default Re: Can Utility Work Be Done Without an Easement

    You might want to call the president of the company or their attorney and ask under what authority they think they can do this work. You might want to tell them not to do any work on your property until you approve. They may have a service agreement that you signed when you got water in the first place that included an easement clause. This clause may be considered a blanket easement since it is undefined as to width and length and location. Some electric co-ops do this and those easement clauses aren't valid. This may vary in you state. They will take the area if they can and won't pay a dime unless you make them. Damages is another thing. They should at least pay damages and / or restore to as to before. Makes you wonder what happened to "just compensation".

  3. #3
    Join Date
    Dec 2008
    Posts
    5

    Default Re: Can Utility Work Be Done Without an Easement

    They just brought me a Service Agreement and Right of Way Easement to sign as they forgot to have us sign them when the line was installed. I don't like the easement because they use the demensions of our whole property as a perpetual easement to construct, operate, repair and maintain a water line. I also asked again about damages and they said it is between my neighbors and I, as they are not required to pay damages. Thanks for the help!

  4. #4
    Join Date
    Apr 2008
    Posts
    176

    Default Re: Can Utility Work Be Done Without an Easement

    Now is the time to make any changes you want. If you don't like the document don't sign. An easement for your house but nowhere are you required to just roll over for anything else they need not to mention the damages. No construction until you know whats going on and who does what. Its still your property.

  5. #5
    Join Date
    Dec 2008
    Posts
    5

    Default Re: Can Utility Work Be Done Without an Easement

    The neighbor who wants water refuses to pay us damages so they are going to go across another neighbor’s property with the water line. The thing is they are still connecting to the water line on our property, and they DO NOT have an easement. They brought me an easement yesterday and asked me to sign it on the spot, but I told them I wasn't signing it without talking to my wife. When I came home from work last night they have already dug a trench from our backyard to the neighbors field they are running the line through. This really disturbs me that they would start working without an easement. We were just informed of all of this a week ago and they are already digging up our yard! Who do I talk to?? No one at their company will give me any answers. Do I have to hire an attorney to answer my questions about this or should I call the County Attorney?

  6. #6
    Join Date
    Apr 2008
    Posts
    176

    Default Re: Can Utility Work Be Done Without an Easement

    You can call the police and see if they will tell them to stop or you can try and get a Temporary Restraining Order from the local probate judge. You can tell the crew to stop until its figured out and if they don't call the police. Take pictures.

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