Utility company seeking permanent Easement rights over land

[prasadgk]

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?

 

[Zigner]

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?

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

 

[adjusterjack]

A water utility company is seeking permanent easement of 20 ft across roadside of the property.

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

How can I deny permanent easement rights?

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.

 

[welkin]

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..

 

[zddoodah]

A water utility company is seeking permanent easement of 20 ft across roadside of the property.

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

What are my rights?

Creating a list of rights would serve no useful purpose.

How can I deny permanent easement rights?

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.