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Thread: Temporary utility easements?

  1. #1
    Cyburbian hilldweller's avatar
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    Temporary utility easements?

    In my experience, easements for water and sewer service have always been permanent. But currently I am dealing with a landowner who doesn't want the city to have a permanent easement and instead is offering a temporary easement. It is a new subdivision and there will be pipes all over his property.

    Has anybody else encountered this situation? What do you think is his reason for wanting the easement to be temporary?

  2. #2
    Is he perhaps confused between "construction" easements, which are temporary by nature, and full utility easements?

    No utility that I know of is going to lay down for temporary easements. Just not gonna happen.
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  3. #3
    Forums Administrator & Gallery Moderator NHPlanner's avatar
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    Quote Originally posted by Gedunker View post
    Is he perhaps confused between "construction" easements, which are temporary by nature, and full utility easements?

    No utility that I know of is going to lay down for temporary easements. Just not gonna happen.
    My thoughts exactly.
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    Cyburbian Cardinal's avatar
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    How sophisticated is this guy? Does he understand what an easement is, what it allows, and why it is required? The simple response is "no easement, no water, sewer, gas, electric, telecommunications, or stormwater. No development"
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    Cyburbian hilldweller's avatar
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    Quote Originally posted by Cardinal View post
    How sophisticated is this guy? Does he understand what an easement is, what it allows, and why it is required? The simple response is "no easement, no water, sewer, gas, electric, telecommunications, or stormwater. No development"
    He's an experienced developer. I don't understand what he's thinking.

  6. #6
    Cyburbian KSharpe's avatar
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    I think he's full of crap. If he wants permanent plumbing, electricity and such, he needs a permanent easement so that they can be maintained.
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  7. #7
    Cyburbian Streck's avatar
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    Also, be cautious in that he may want to have "temporary" easements for his installation of the utilities, then restrict or prevent city/utility company access over his property from then on. He may be wanting to build something over the utilities (or too close to them).

    He may want to own the utilities after installation as in having private streets, but who will maintain them after he sells out?

    The only way we had temporary utilities was at the convenience of the city - ie, when the first subdivision went in, we had to have a pumping station and force main to get gravity flow sewage out - then when a second subdivision went in down hill, we could then connect on to that system and abandon the pumping station (saving city maintenance and operating costs). The force main easement was then released to the subdivision.

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    Cyburbian hilldweller's avatar
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    Quote Originally posted by Streck View post
    Also, be cautious in that he may want to have "temporary" easements for his installation of the utilities, then restrict or prevent city/utility company access over his property from then on. He may be wanting to build something over the utilities (or too close to them).
    This may be the issue. There's a lot of paving over the water and sewer connections, and there may even be some landscaping interference (I haven't reviewed the landscape plan yet).

    Quote Originally posted by Streck View post
    The only way we had temporary utilities was at the convenience of the city - ie, when the first subdivision went in, we had to have a pumping station and force main to get gravity flow sewage out - then when a second subdivision went in down hill, we could then connect on to that system and abandon the pumping station (saving city maintenance and operating costs). The force main easement was then released to the subdivision.
    Wow, this is a totally similar situation...

  9. #9
    Cyburbian
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    Easements

    Quote Originally posted by Gedunker View post
    Is he perhaps confused between "construction" easements, which are temporary by nature, and full utility easements?

    No utility that I know of is going to lay down for temporary easements. Just not gonna happen.
    Under Florida law an easement for electric is abandoned if not used for about 10 years ( I can't remember the exact period). I kicked SECO off my property for this reason and switched to Florida Power at lower rates. So it is possible to have temporary easements if the contract or the law provides for it. When a developer dedicates a road to the County, the County does not "own" the road as if it had actually paid for it. It is a ROW easement conditioned on the government maintaining it. It can revert to the adjacent land owners as a private road, each landowner owning to the centerline.

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