Easement violation

[joeytrivia]

I purchased a piece of land at a private airport. there is suppose to be an easement for utility (electrical) for which ppl are either not to build on or to put PVC pipes under the foundation so that the next lot can run electricity. Well, the guy next to me did not leave the appropriate size of PVC and now I will have to bore under his foundation which will cost me about 8K to do it. Is this something I can fight over and get him to pay for? what are my chances of winining I dont want any trouble but it bothers me that a simple $50 was not put before they build (several years ago) so now I have to do it for a huge cost.
I am in Texas, the airport does have a Civic Club, if that helps.
many thanks!
joey!

 

[army judge]

A violation or misuse of an easement is actionable.

You should speak with a property attorney about this matter.

If things are as you describe, you can seek a financial remedy.

 

[joeytrivia]

I would like to move on with my construction, if I do and pay for the work involved to resolve the violation, would that make my case weaker if I seek financial remedy in parallel? of course I would document everything appropriately. Lastly, can I pursue myself with legal action at a civil court so that I can simplify the dispute?

 

[army judge]

I would like to move on with my construction, if I do and pay for the work involved to resolve the violation, would that make my case weaker if I seek financial remedy in parallel? of course I would document everything appropriately. Lastly, can I pursue myself with legal action at a civil court so that I can simplify the dispute?

Sure, you can proceed with construction, as long as you believe it to be allowed. You may or may not recover, because lawsuits are always something of a crap shoot. Keep your receipts and documentation for trial, should you decide to pursue that option.

 

[sgr1]

Hi, I'm An electrician by trade. I assume from what you stated that he did put pvc pipe in.
Did it specify what size he had to put in there?
What size did he put in?
Without seeing it I don't see why the new service could not come from another way. I'm not trying to take sides here but going to court is expensive, just trying to see if there is another way to go.