Location: Ontario
Submitted 05/11/11 11:31 AM

Q. my neighbour wants me to grant him an easment to hook his empty lot (soon to be sold) into a lateral that is on my property thus making my sewer and water combined with this soon to be coming new home . is this a good idea i did not like the wording of the easment and this will become a condition upon my home if ever sold but will having a combined sewer lower my property value or scare future buyers away

 

Answer #1
Submitted 05/19/11 03:38 PM
Daryle C. Tibbs Esq. (Tibbs Law Office, LLC): Services in Cincinnati, OH Daryle C. Tibbs Esq. (Tibbs Law Office, LLC)
Services
Cincinnati, OH

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A.

Easements are common occurrances and it is not uncommon to find real property that has been granted an easement, or has been "burdened" with one.  The nice aspect of easements is that it allows two property owners to put their resources together to purchase and maintain a common necessity.  The downfall in this situation is that you already have all of your necessities and you probably feel that the neighbor is siphoning off of your resources. 

In this case, you need to consider whether your sewer and water lines can handle the additional "flow" that will be added by the new family.  You should contact an expert that can inspect it to determine if your family's use would be affected by the additional people, should you grant permission.

It is not likely that the easement would make it more difficult to sell your home, as I stated before, easements are a common occurance.  In this case, since you already paid for these resources, you should either ask the neighbor for half of what it cost you to get the sewer and water or some other compensation.  In addition, I would ask that the easement require that the neighbor (whoever it is) share in the cost of maintaining the sewer and water.  A future buyer may be happy that he doesn't have full responsibility of maintaining these resources.

Answer #2
Submitted 06/02/11 01:49 PM
Steven Cook (MLO #293441) Pierce, Kitsap, Thurston, King Counties, Steven T Cook (Cascade Pacific Home Loans  - Federal Way, WA): Mortgage in Tacoma, WA Steven Cook (MLO #293441) Pierce, Kitsap, Thurston, King Counties, Steven T Cook (Cascade Pacific Home Loans - Federal Way, WA)
Mortgage
Tacoma, WA

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A.

There is one other item that may need to be considered.  In many locations the sewer billing is based on the water usage.  You would need to have their water supply and yours at a "Y" so you are each paying for your own water and sewer bills.  Depending on where the water meter is currently places, and local regulations this could be problematic.  You will need to check with the local governmental authorities/utility companies to verify this can be done.

Answer #3
Submitted 05/30/12 08:27 AM
Bianca Marijan, Bianca Marijan (City Brokerage, Hamilton): Broker Owner in Hamilton, ON Bianca Marijan, Bianca Marijan (City Brokerage, Hamilton)
Broker Owner
Hamilton, ON

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A.

Steven brought up a good question. Who will pay for water and sewer costs? Why can't neighbour bring his own services to the lot? They are on the street? Are you being compensated for this short-cutting on costs on his side?

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