Sewer easment question 1

[enginesrus]

So who is responsible for the sewer pipes in a sewer easement?

 

[ashtree]

Complex issue.
There could be multiple "owners" of the pipes in a sewer easement.
In a general sense though the sewer pipes are probably owned by the entity that the easement has been created for eg: the sewer service provider.
However there could be other sewer pipes in or crossing the easement that are unrelated to the easement or the sewer service provider.

Easements can also be created by entities other than a service provider. This sometimes happens when a subdivision is done a certain way and a private party needs access to services that require the crossing of private land. In this case it would be a private party owning the pipes but they are also the ones that are getting the benefit of the easement.

Regards
Ashtree
"Any water can be made potable if you filter it through enough money"

 

[bimr]

The property title might include an easement that gives some other entity the right to cross or access it for a specific purpose. An easement held by an wastewater utility allows it to construct piping and equipment on the land. The easement gives the wastewater utility the right to use a property for this specific purpose only.

 

[cvg]

its not that complicated. whoever owns the sewer pipes is responsible for them.

 

[enginesrus]

An easement is for the underground passage of the sewer pipes, the owner of the pipes would be who ever, in this case the utility company, that has the right away. A common pipe or connection to more than one house would constitute the use of the easement. Only logical. It would not matter how far the common pipe runs whether it runs the full easement or a small portion of the easement, an easement is an easement for the use of a commonly used sewer pipe, period.

 

[zelgar]

Typically, the municipality owns the main sewer lines, the property owner owns the lateral connections to the main line. Therefore, if your house line gets clogged (e.g., roots), it's the property owners responsibility to get them fixed. If the main sewer line has problems, it's the municipality that's responsible to get them fixed.

Now the difficult question is if during maintenance on the main sewer line, a problem is caused or found with the lateral connections. This is when lawyers get involved

 

[enginesrus]

I guess not many know what a sewer easement is, the under ground portion and even the top portion is the responsibility of the municipality. That would also mean any portion there of, of a lateral that is in the easement.

 

[ashtree]

No i disagree. At least in my part of the world the easement is granted to the (in this case) the sewer authority to guarantee the right of access and protection of the sewer laid across land that is owned by some one other than the sewer authority. An easement can be granted over an easement to allow different authorities to use the same piece of land for pipes , power , gas , telecoms and even roads and rail. The easements guarantee them the right of access and prevents build overs etc.

Easements can also be granted to private individuals.

There can be pipes etc in the easement not owned by the easement holder and for which the easement holder does not have any responsibility for. There may need to be permissions, and communications between the various parties when working on or installing things in the easement.

Regards
Ashtree
"Any water can be made potable if you filter it through enough money"

 

[enginesrus]

But since there are some sewer pipes on it and are connected with in it that means it belongs to the sewer owner operators.

 

[bimr]

But since there are some sewer pipes on it and are connected with in it that means it belongs to the sewer owner operators.

An easement is a legal right that is granted in the property title. One can't speak in generalities about easements as each easement is a specific right on a specific property title. An easement may also mean different things where local jurisdictions have different laws.

The bottom line is that you have to read and review the particular property title to understand the rights granted by the particular easement.

When you think of eminent domain, you may initially think of the government seizing your entire property, causing you to have to relocate your home or business entirely. However, many eminent domain cases do not completely displace property owners but instead affect a part of their land. This is common with utility companies, which may need to lay lines, pipes, or wires underground, install and maintain poles on your land, or otherwise need a utility line to travel over or through your property. In such situations, the utility company will seek a utility easement to gain the right to access and use that part of your property.

An easement grants a permanent right to use a part of your property. Once an easement is obtained, it will continue indefinitely and will not expire if property ownership is transferred. This means you will have to provide notice of the easement to any potential buyers of your land, which can affect the success of a real estate sale. If the utility company no longer needs access, it may release the easement though this is not required.

A utility easement can cause physical damage to your land and can decrease the value of your land. In most cases, the utility company will pay you a single lump-sum payment to compensate you for the easement. It is critical that you properly assess the potential losses caused by the easement to ensure that you receive the full just compensation you deserve as a landowner under the law.

It may not seem like a big deal at first if a utility company wants to gain legal access to part of your land. However, property owners all too often learn there are serious and unexpected costs associated with an utility easement. It is imperative to negotiate the compensation you will receive for the utility easement up front because and an experienced eminent domain attorney will know how to estimate your future expenses and losses to ensure your compensation is fair and that the easement is justly negotiated

 

[ashtree]

enginesrus,

There is one of two things happening here.

Either we are all very poor communicators and you have failed to grasp what we have all said or you have come with a pre-conceived view and we are not saying what you want to hear.

If we are all poor communicators i apologise for the lack of clarity in my previous posts on the matter.
If you are coming with a pre-conceived view it appears that we have all wasted our time because you are still back at where you started.
In any case it does not matter what we say or what your view is. There is only two things that matter here. The law and what the sewer authority's attitude to your question is.

How about you go and ask them!

Regards
Ashtree
"Any water can be made potable if you filter it through enough money"

 

[TerryScan]

Perhaps responses have gotten too focused on easements vs. the OP's original question:
"...who is responsible for the sewer pipes..."

I believe he is mostly correct: the utility owner (especially when we are discussing the main).

In my experience,however, there may be a caveat concerning laterals. Specific agreements or policies of a utility may terminate responsibilities of a lateral at a cleanout (which may be along the lateral at a location that is still within the easement or even outside of it).

 

[cvg]

in most cases, sewer laterals extend to a property line and stop. At that point the private sewer begins. With an easement, it is likely that the private sewer connects to the lateral at the edge of the easement. the utility owner is responsible for the sewer main and the laterals which lie in the easement or public right of way. the property owner is responsible for the private sewer on his property.

 

[bimr]

Perhaps responses have gotten too focused on easements vs. the OP's original question:
"...who is responsible for the sewer pipes..."

I believe he is mostly correct: the utility owner (especially when we are discussing the main)

When you are dealing with legal issues, it is good practice not to assume anything.

Pull out the property title and read it. The bottom line is that you have to read and review the particular property title to understand the rights granted by the particular easement.

A common pipe or connection to more than one house would constitute the use of the easement.

A common lateral connection to the utility sewer main is typically not allowed by the sewer authority for obvious reasons. As cvg noted above, you do not need a property easement to install your own sewer or a sewer lateral on your own property.