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sewer easement NPO

Discussion in 'Easements & Right of Way Law' started by Robert Fisk, Sep 27, 2015.

  1. Robert Fisk

    Robert Fisk Law Topic Starter New Member

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    I am a volunteer at an NPO; our sewer pipe goes 200’ through the neighbor’s yard.

    The pipe has no record of easement it was installed in the 40’s, the neighboring homes were developed in the 80’s, no easement was established.

    The city came out and cleared the blockage, there were extensive repairs, now the city wants to establish easement for us.

    Here are my questions

    1. Can the city force us to get easement rights for a sewer line?
    2. Can the city force us to do work or pay for repair of a sewer line that has no record of easement.
    3. Do we want to try to stop the city from forcing easement rights/do we want easement rights.
    4. As an NPO are we required to own the easement rights of our lateral sewer line?
    5. Can the city try to charge us for work already completed off union property of the sewer line.
  2. army judge

    army judge Super Moderator

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    Hard to say, because ordinances are probably involved.
    I suggest you ask the city about your options.
    Personally, an easement protects your right to have such a line traverse across the property of another.
    Why wouldn't you want to have your rights protected?

    If the city can't, the courts most likely can.

    Again, your organization will have to make this decision.
    I don't see any disadvantages in obtaining an easement.

    You don't OWN any rights.
    You benefit from any rights you possess.
    I don't see the downside that apparently you do.
    No one can advise your organization what is best for them.
    Your group must ultimately make that decision.

    Again, you'll need to ask ALL of your questions of your elected city officials, or your city's bureaucrats.
    Alternatively, you can take all of these queries to your organization's attorney.
  3. Robert Fisk

    Robert Fisk Law Topic Starter New Member

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    Thank You very much
    This helps

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