Hi,
I'm new to the forum and have filed a small claims/General District Court action schedule for 3/31 on the following:
I own a landlocked piece of property on "top" of 2 other lots. For brevity, lets say lots 3 and 5 are divided with a N/S property line and my lot (4) is mostly on too of 5 (the E lot). There is an easement from the end of the street (south end of the property line) to my lot over lot 5 but lot 3 adjoins the easment. It is classified as a "Private Road" in the CC&Rs.
We are building our own house. Three years ago we installed the electicity (yes it has been that long - but I digress). At the time, the home on lot 3 (the W lot) was completed and lot 5 had not been sold.
We belong to an electric co-op. They do not have rights of way, but those are granted at the time the electical is installed. The co-op does not dig the trench, but does have specifications regarding the depth of the trench. You dig - they lay the line.
It was roughly 1500 feet from the street to where we sited our transformer on our lot. The cost to trench was $2.25 per foot.
Last year lot 5 sold. 6 weeks ago, he tied into our trench to get his electricity and refuses to share in the cost. The co-op told him there was no issue with this. The site of his transforme is located 1300 feet from the street.
Our CC&Rs are sparse, but here is the literal article:
Developer shall install at its expense the primary electric and telephone utility service lines and the Purchaser of Lot shall install secondary electric and telephone utility service lines running from the aforesaid primary lines to their respective lots; and each purchaser shall bear the expense thereof. Purchasers of Lots within the Development shall consent to the dedication of utility easements if requested to do so by the Developer.
I live in VA.
I am going to ask the court to cause him to install his own electrical at his own expense.
Please advise, and TIA.
Sandy
I'm new to the forum and have filed a small claims/General District Court action schedule for 3/31 on the following:
I own a landlocked piece of property on "top" of 2 other lots. For brevity, lets say lots 3 and 5 are divided with a N/S property line and my lot (4) is mostly on too of 5 (the E lot). There is an easement from the end of the street (south end of the property line) to my lot over lot 5 but lot 3 adjoins the easment. It is classified as a "Private Road" in the CC&Rs.
We are building our own house. Three years ago we installed the electicity (yes it has been that long - but I digress). At the time, the home on lot 3 (the W lot) was completed and lot 5 had not been sold.
We belong to an electric co-op. They do not have rights of way, but those are granted at the time the electical is installed. The co-op does not dig the trench, but does have specifications regarding the depth of the trench. You dig - they lay the line.
It was roughly 1500 feet from the street to where we sited our transformer on our lot. The cost to trench was $2.25 per foot.
Last year lot 5 sold. 6 weeks ago, he tied into our trench to get his electricity and refuses to share in the cost. The co-op told him there was no issue with this. The site of his transforme is located 1300 feet from the street.
Our CC&Rs are sparse, but here is the literal article:
Developer shall install at its expense the primary electric and telephone utility service lines and the Purchaser of Lot shall install secondary electric and telephone utility service lines running from the aforesaid primary lines to their respective lots; and each purchaser shall bear the expense thereof. Purchasers of Lots within the Development shall consent to the dedication of utility easements if requested to do so by the Developer.
I live in VA.
I am going to ask the court to cause him to install his own electrical at his own expense.
Please advise, and TIA.
Sandy