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Utility company seeking permanent Easement rights over land

Discussion in 'Easements & Right of Way Law' started by prasadgk, May 9, 2020.

  1. prasadgk

    prasadgk Law Topic Starter New Member

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    Jurisdiction:
    Texas
    We have a 10 acre property in Manor tx. A water utility company is seeking permanent easement of 20 ft across roadside of the property. What are my rights? How can I deny permanent easement rights?
     
  2. Zigner

    Zigner Well-Known Member

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    Your matter is beyond the scope of this (or any) internet forum. You need an attorney.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    How are they "seeking"? Are they asking you for it? Did they file something in court?

    NIMBY, my guess is that you can't. And you'll spend a ton of money on litigation to learn that the hard way.

    I'm surprised that there isn't already a utility easement in place from when the land was first platted.

    Why don't you ask the utility company people what their authority is. I'll bet they have it handy.
     
  4. welkin

    welkin Active Member

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    You left out all the detail so it's hard to say what your rights are. Have they given you any express grant language for the easement? Have they offered to pay you for the easement?

    Bottom line is that if this easement is for public use (even if it is a private water company), the water company can take the easement through eminent domain if you and the water company cannot agree to terms.

    You should be talking to an attorney that handles easements and eminent domain cases..
     
  5. zddoodah

    zddoodah Well-Known Member

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    What steps has the utility company taken in furtherance of its desire for this easement?

    Creating a list of rights would serve no useful purpose.

    We have no way of addressing this question intelligently without more information. Note, however, that utility companies often have the right of eminent domain, so it may be that you can't (although you'll receive some compensation for the easement). Consult with a local attorney.
     

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