Public Utilities Easement (Los Lunas, Valencia: insurance, house, buy)

[vic2003]

I bought a house last year sitting on about ½ acre and didn’t pay much attention to the survey because I was being pulled in a million different directions. Now that I settled in and have some time I researched and found out I have a 10’ Public Utilities Easement (PUE)running the length of my fence line from the road to my neighbors vacant lot sitting behind my house. I understand the purpose of this PUE is probably to run underground utilities like gas and water to my neighbors lot should they ever build a house there. Now I came to the realization it sucks I have a PUE, but where can I get more information about this PUE on my property? I checked the deed of the property which doesn’t give any pertinent information. I called Valencia County and they said to call the Village of Los Lunas, who I called and have yet to speak to a real person, getting VM’s. There has to be some documentation what the PUE on my property entails, right? I have some questions:

1. If they did run underground lines through my property, what are their responsibilities? For example they would disturb the ground including a lawn, etc. Are they required to repair, replace this at their cost? Who would be required to replace it, my neighbor or the utilities company? Same goes for the pipe fence that divides my and my neighbor’s property. Assuming they would have to temporary take this down, would my neighbor and/or the utility company have to replace it at their cost?
2. Does the PUE ever expire?
3. The corner of my house actually site about 1’ into the PUE space. While I don’t imagine this ever being a problem because there is still plenty of room to run lines and it’s a very small corner of my house, it is a little concerning. Could I be in violation of the PUE because a small corner of my house sits on it? I don’t understand how a title company could sell a house, if they know it sits on a PUE.

[TKO]

You want to see a copy of the subdivision plat. The Valencia County clerk will have that on file. If you're not in a subdivision then the easement will be on file. The book and page for either or both should be referenced on your deed as part of the legal description. Go down there to the county courthouse and nicely ask the clerk to help you find it, don't expect a call to do it.

If, as you say, there is no reference to the book and page of the PUE on your deed then call the utility company and ask for help in finding the filing that references that easement.

[jiminnm]

The easement is recorded in the chain of title to your property, and should be filed with the county clerk. They may be able to search by address or property description. Most utility easements are permanent. I'd start here:
Valencia County

The fact that a title company handled the document processing is totally separate from the issue of clear title or title insurance. Was a title search conducted prior to your purchase? If so, that easement should have reflected in the search. If you mortgaged the property, you had to provide a lender's title policy. Did you buy an owner's title policy when you purchased? If so, that easement should have been mentioned. When you purchase property, there is no legal requirement that properly recorded documents be brought to your attention and you are deemed to be aware of them if you proceed with the purchase.

Most utility easements prohibit building construction in the easement. If your house was built after the easement was recorded, that may be a problem when a utility begins to install services.