What does U & D Easment meen for me (real estate, power lines)

[Sick to the stomach]

Hi guy's,

bought a house and was careless (entirely my fault), should have not believed and checked for myself about land and easements.
We have part of the fence (former owner did it) on the neighbors land. I get it it is his or hers, not sure. I would not want someone to steal my land myself. Btw, this is farmland on the other side, a small plot.

Now in my plot description (Just now see plot papers after 7 years living there. was not provided when we closed on the house) it is saying it has a 15 food Public Utility and Drainage Easement as well. My neighbor seems to think it is his to do with what they want. I would like to put up a new fence near my property line (on my side) heheh
But I can not go in 15 more feet so my neighbor has his way. I need as much yard as possible to let my dogs out, also I am growing veggies during the summer. Not to mention I would sit right on my fence when outside on the patio.

My question is, is this correct that he can dispute the 15 feet U & D Easement? Also since if this is for drainage (sloapy yard) any drainage would run right in to my house, no way around it, can I get that removed?

PLEASE HELP!!!!

I am so wirried my stomach constantly hurts and I am a total Freak snapping at anymore.

[cnygreek]

I don't want to sound like an a$$, but your best bet is to seek the advice of a real estate attorney and not an internet message board. You will probably need an attorney anyway to sort this mess out and to get something in writing from whoever is claiming the easement.

The advice you get from an attorney will cost you money and advice on this message board is free, but for something this important I would rather deal with someone that is singing for their supper as opposed to an opinion on a message board.

[habs2487]

100% agree with the poster above. You definitely need to seek professional help on this matter. What I can do for you is explain a U & D easement. Essentially, a Utility and Drainage easement gives the governing body (city, county, etc.) access to this easement on your property for the purpose of maintenance. It could be maintenance on a ditch, sanitary sewer line, or whatever this U & D was created for. As the property owner, you are not allowed to construct permanent structures inside this easement because it could interfere with maintenance if the governing body needed to access it (same goes for your neighbor). They may tear down, at your expense, anything that interferes with their work. So your best bet is to get an accurate survey of your property and this drainage easement, then set your fence a few feet back from said easement. Now, about your neighbor....regardless of where the U & D is, technically he can do what he wants with HIS property but he risks absorbing the costs of removing anything in the easement from the city, county, etc. (I have seen it done before)

[NoleFanHSV]

On most of the quarter acre lots of my subdivision, most of the neighbors put up their fence on the property line with the easement. I'm not sure most know that if the county needs access, that the fence will probably come down. Most of the half acre lots, the homes put fences a few feet back from the property line, but still within the U&D area (most are 10 feet on each side, in some cases 15 feet).

[Sick to the stomach]

Good advice all of you. I was thinking of putting up a fence on/behind my boundary propertyline and if by any off-chance the city needs access. Don't think so, no pipes or lines on the land, just indent in ground for water run off to street. I have to bite in the biter apple and take the darn thing down. Easement is for city not neighbor right!? There is no reason why they need easement, since they have land and nothing on it, including street rights on the other side with easement of my property. This was regulated when the subdivision was build evidently there has to be a 15 foot easement all around the subdivisions property line.

Would LOVE to be able to afford a attorney have to check in to it how much advice will cost.

Thank you all for your good free advice!!!
Thanks habs2487 for explaining the U & D easement for me to understand!!!!!

[r x f]

FYI, this post should be in the Real Estate forum unless there is some sort of local tie-in.

Originally Posted by NoleFanHSV

On most of the quarter acre lots of my subdivision, most of the neighbors put up their fence on the property line with the easement. I'm not sure most know that if the county needs access, that the fence will probably come down. Most of the half acre lots, the homes put fences a few feet back from the property line, but still within the U&D area (most are 10 feet on each side, in some cases 15 feet).

All the plats I've looked at in the county have 5' as a standard U&D easement for the sides.

Unless there are utilities running along your side property line (rare) or major drainage feature, chances are the easement will never be touched by the county/city.

[writerwife]

You can put a fence there... as can your neighbor but because it is the easement... should the city/county ever need access they can tear the fence down at the owners expense. Slim risk, but a risk none the less.

[LCTMadison]

Originally Posted by Sick to the stomach

Good advice all of you. I was thinking of putting up a fence on/behind my boundary propertyline and if by any off-chance the city needs access. Don't think so, no pipes or lines on the land, just indent in ground for water run off to street. I have to bite in the biter apple and take the darn thing down. Easement is for city not neighbor right!? There is no reason why they need easement, since they have land and nothing on it, including street rights on the other side with easement of my property. This was regulated when the subdivision was build evidently there has to be a 15 foot easement all around the subdivisions property line.

Would LOVE to be able to afford a attorney have to check in to it how much advice will cost.

Thank you all for your good free advice!!!
Thanks habs2487 for explaining the U & D easement for me to understand!!!!!

Just to clarify, the easement is on YOUR property. It is a part of your property and the city has rights to it regarding utilities and drainage. So no, your neighbor has NO rights to the easement on YOUR land (as he will have an easement of his own). If that is what you are seeking from an attorney, the county/city can tell you that. You will also have easements on the sides and in the front from the road. Its typically 15 in the back, 5 on the sides, and at least 25 feet from the street/curb, but that can vary (some are going to 35).

I would recommend having the property surveyed so that when you do build your fence you can insure you are not encroaching on your neighbor's property.

And like others have said, you can include the easement in your fence. Just note, if the city/county ever has to access that easement they can, and they can remove the fence if it is impeding what they deem necessary to do. Most easements across the back are primarily drainage and most property owners do include the easement inside their fence because you still have to maintain it. Its rare that happens...but it does happen. I have a new house being built and they are having to redo the drainage at the back of the lots on this street which is affecting the adjoining properties (that are actually in an adjoining neighborhood) and they have had to remove the fences on those properties to regrade (this is in Morgan County).

[RocketDawg]

People put things (landscaping and fences) on U&D easements all the time and generally there's no problem. You certainly don't want to do something that blocks drainage though. But the city/county/whatever can move whatever you have on the easement if they need access. They're usually careful and don't destroy more than needed, and I think in some cases may even replace what they tear down, but I don't think they have to.

You most likely have easements on all sides of your property, even the front. Presumably you have grass to the curb, but they can add a sidewalk or utilities if they need to.

[MisterEd51]

Originally Posted by writerwife

You can put a fence there... as can your neighbor but because it is the easement... should the city/county ever need access they can tear the fence down at the owners expense. Slim risk, but a risk none the less.

Our lot has an 80 foot easement in the back for big power lines. We have fences on the back and sides of our lot. The city solved the access problem by putting up gates on each side. If they open all the gates for the yards that have fences they can drive trucks up and down the easement.