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Old 01-06-2012, 04:45 PM
 
1,027 posts, read 1,680,107 times
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I'm considering buying a parcel that I like, with a home on it, but just learned that the neighbor's service gas line runs through the property, cutting through the middle of it, and their meter is also on this property, next to the meter for this parcel for sale. There's no recorded easement, as this line was installed back when it was one bigger parcel before it was subdivided into two.

Does it sound like the situation to avoid and to leave this property out of consideration? My understanding is that if gas company has to dig my yard to fix the neighbor's service line, they'll bill me for the digging since there's no easement and I'd also have to pay for covering it back up. Also, concern about any claims that I damaged their gas line (my tree roots--there're only a couple of small trees but still).
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Old 01-06-2012, 05:03 PM
 
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If the only utility that is set-up that way is the gas I would not stress out about it -- maybe back when the places were built the other owner declined to get gas service and subsequentl owners worked out a way to get it done with least disruption.

An easment could be granted / recorded on the deed and limitations on the usage / liability all property filed.

Now if there are other signs that the other property is not conforming / intrudes of parcel boundaries maybe the hassle is not worth it, but some of that depends on just where / how big the whole parcel is.

In rural areas things like shared driveways are quite a but easier to deal with than in a more in-town area. If somebody took a 10+ acre slice of land and laid out things to make it easier for the gas company that is a whole world different than somebody on a quarter acre lot that shoe-horned in some utilies that would mean you have to rip out tens of thousands of dollars landscaping and outdoor entertaining area...
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Old 01-06-2012, 05:13 PM
 
Location: The Triad (NC)
31,372 posts, read 69,765,043 times
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Quote:
Originally Posted by alexxiz View Post
There's no recorded easement, as this line was installed back when it was one bigger parcel before it was subdivided into two.

Does it sound like the situation to avoid...
Until or unless all those common wrinkles are sorted out? Yeah.
It's a buyers market so unless there is something ELSE about this place to keep you especially interested... tell the agent: "If the owners get that dealt with give me a call... what else is for sale around here"

hth
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Old 01-06-2012, 10:24 PM
 
Location: Kailua Kona, HI
3,199 posts, read 12,219,699 times
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I would definitely want an easement with all maintenance and liability on that other owner before even considering such a property.
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Old 01-06-2012, 10:44 PM
 
1,027 posts, read 1,680,107 times
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It's a small parcel, actually... plus, who knows what kind of other utilities are laying underneath. Gas company didn't know itself, and had to send out an inspector to find out, initially they told me there was no gas line. Also, neighbors are confrontational, and tried to block previous owners from accessing shared driveway type of easement on the side of the property and put up illegal fence there. Yes, to stay away from... seems to be a mess.
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Old 01-07-2012, 04:04 PM
 
Location: southwest TN
8,449 posts, read 16,125,184 times
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When we were looking to buy property, I ran into several nice ones with an easement and that was an immediate red flag for me. I don't want to be the one holding the easement nor granting it. Easement - NO WAY.
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Old 01-07-2012, 06:11 PM
 
4,567 posts, read 9,275,436 times
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Quote:
Originally Posted by alexxiz View Post
There's no recorded easement, as this line was installed back when it was one bigger parcel before it was subdivided into two.
There is probably a record. When it was a single parcel and an easement was granted to run a gasline, this is your record. Just because the parcel was broken into 2 does not delete the easement. Its still valid. Any title company could easily find it. A gas company would not run a gas line without an easement. Now if it was run illegally, by the homeowner, that is a different story, but thats a longshot.

I've seen large sewer projects name an easement on every property getting sewer in one document and file it instead of a recording on each and every property. You may not be looking in the right places for the easement.

In a nut shell, just because an easement was left off your new deed does not mean its not still valid. It was likely recorded at the registry. Its just not on the new deed, even though it should be.
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Old 01-08-2012, 09:22 AM
 
Location: The Triad (NC)
31,372 posts, read 69,765,043 times
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Quote:
Originally Posted by 399083453 View Post
There is probably a record. When it was a single parcel and an easement was granted to run a gasline, this is your record.
Or not.
It mostly depends on the titling status at the time the work was done...
and if the County required that for permits and such.

Quote:
In a nut shell, just because an easement was left off your new deed does not mean its not still valid. It was likely recorded at the registry. Its just not on the new deed, even though it should be.
the plat should show it if it exists and the deed should describe it to the degree it describes any other easements.
If it does exist... it is still the SELLERS responsibility to show the documents.
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Old 01-08-2012, 12:08 PM
 
Location: Great State of Texas
86,068 posts, read 76,777,953 times
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Quote:
Originally Posted by alexxiz View Post
It's a small parcel, actually... plus, who knows what kind of other utilities are laying underneath. Gas company didn't know itself, and had to send out an inspector to find out, initially they told me there was no gas line. Also, neighbors are confrontational, and tried to block previous owners from accessing shared driveway type of easement on the side of the property and put up illegal fence there. Yes, to stay away from... seems to be a mess.
Walk away. That gas line is going to be the least of your problems.
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Old 01-08-2012, 07:13 PM
 
4,567 posts, read 9,275,436 times
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Quote:
Originally Posted by MrRational View Post
the plat should show it if it exists and the deed should describe it to the degree it describes any other easements.
In new england, many properties have never been surveyed, so no plat exists. The town has copies of lots/maps, but they are usually just line drawings with no measurements. A surveyor would find the gas line along with the easement that goes with it or tell you there is no easement.

A current deed will only list the easement if the previous owner wanted it in the deed. You can write a deed to say whatever you want, if you want to exclude the easement, and file it, you can.

It doesn't take away the easement, it just takes it off the current deed and makes title searches a little more difficult.
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