Easement... (loan, landscaping, established neighborhood)

[marykate1]

Hi

I am buying a property here in Texas and they've just done a survey on the house. As it turns out, the pond is in the easement - meaning that authorities can come and dig, ruining the landscaping. But i've heard that it rarely every happens.

WILL THIS BE AN ISSUE FOR ME?

[OneSweetWorld]

It very well maybe...what kind of easement is it or what is the easement for?

[marykate1]

By the way, according to the Title company this won't be a problem since the pond is on the "ground" an neither will it affect my loan process...


But still...

[marykate1]

The easement is for the footage of the backyard. I will have to ask the title company for specifics. I just found out; the seller called me to disclose the information.

[OneSweetWorld]

That's difficult to say I would need to see the document. It doesn't sound like you are getting a straight answer. An easement provides a guranteed access to a group, whether it be the electric company, the water company, the city or county for roadway improvments. Nobody gives an easement for backyard footage, whatever that means. You may have a Variance, which deals with things like setbacks. In the municipal code it will have language that says "residential developments will have a 25 foot rear yard setback". If your property doesn't meet (or can't) meet that 25 foot rear yard setback because of a pond, you may have a Variance granting approval to not meet the particular setback in question.

[marykate1]

I was given the right answer by the seller, but I guess when I tried to put it in my own words, it came out incorrectly. You are right, it provides guaranteed access to the utility company.

I will have to check on the variance granting approval.
Thanks!

[OneSweetWorld]

ok now it does sound like an easement. Basically, if needed the utility company with the easement can do whatever they want with that property if needed (i.e., putting in a new water line or a new fiber optic cable, etc.) if you're comfortable with that then its no big deal, just now that someone may need to come dig up you yard at some point if they need to...hope this helps, cheers.

[marykate1]

Well, I wouldnt be really comfortable since the pond is there. But what I am thinking is that it rarely ever happens, it never happened to the seller. who has been living there for 8 years now.

[chris_ut]

It would be rare that they would need to come back through and dig that out in an established neighborhood, but if they decide to upgrade something later on they can tear out your pond. I wouldn't kill a deal over that, you can always have the pond fixed when they are done working and the odds are small you will have to deal with it.

[marykate1]

Yes, you are right. There is some ground behind the pond...I am sure if the need arises, they will probably try to get around the pond. Oh well, hopefully it will never happen.