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Hi all. This is my first time posting here and I sure hope someone here can help me. We are looking into buying a house that is located close to a utility easement. The previous owners obtained authorization from Shell (pipeline owner at the time...now it is BUckeye) to build an addition that encroached on the easement.
My question is this: If Buckeye needs to service the line and damages our yard or addition in the process, who is responsible for the repairs?
If no one knows....any idea where I would find this kind of information?
It should be in the agreement between the owner and Shell/Buckeye. It should be recorded with the county. Out here, the utility company is responsible for any damage, generally speaking.
Thansk for the replies everyone. Yes, the previous owner got authorization from shell to build the addition on the house even though it went in 20ft to the easement. We really want this house as it is perfect for us and price right...
The only problem I anticipate is if the pipeline every needed to be fixed...who would pay for that.
Silver, we are still waiting to see the titlework. Hopefully this is all addressed in the titlework.
Location: Visitation between Wal-Mart & Home Depot
8,309 posts, read 38,782,175 times
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Quote:
Originally Posted by MAKATTACK
Hi all. This is my first time posting here and I sure hope someone here can help me. We are looking into buying a house that is located close to a utility easement. The previous owners obtained authorization from Shell (pipeline owner at the time...now it is BUckeye) to build an addition that encroached on the easement.
My question is this: If Buckeye needs to service the line and damages our yard or addition in the process, who is responsible for the repairs?
If no one knows....any idea where I would find this kind of information?
Thanks everyone in advance for your help!
Mak
The authorization may have been more like "you understand that you build on the easement at your own risk, right?"
See if you can get the homeowner or Buckeye to provide you with a copy of their "authorization agreement" and a copy of Pipeline Right-Of-Way Agreement.
If they do not specifically address your question somehow in a written document, then the portion of the addition on the R.O.W. is probably Buckeye's to destroy if they need to.
The authorization may have been more like "you understand that you build on the easement at your own risk, right?"
See if you can get the homeowner or Buckeye to provide you with a copy of their "authorization agreement" and a copy of Pipeline Right-Of-Way Agreement.
If they do not specifically address your question somehow in a written document, then the portion of the addition on the R.O.W. is probably Buckeye's to destroy if they need to.
The authorization agreement should also be recorded with the county.
I have a copy of the authorization from Shell, but all it says it that it authorizes the people to build and doesn't violate Shell's rights.
As for the shell Pipeline Right of Way Agreement....I don't know about that.... Would I need that or Buckeyes since Buckeye bought the pipeline from Shell but Shell is who gave original authorization?
Suggest that you have a real estate attorney look over every possible scenario you could get involved in with this property and weigh the issues and fully protect your interests. If you ever need to sell the property, you will need full disclosure ... which is what you should ge getting now. Everything should be available to a potential buyer prior to this home being put on the market. Once burned, twice cautious. Do you have a Realtor involved in this purchase or are you going it alone. Priced right, is what that means to you. How long has it been on the market? and where is the former owner that went through the "constructed addition to house over a utility easement" ... foreclosed?
I have a copy of the authorization from Shell, but all it says it that it authorizes the people to build and doesn't violate Shell's rights.
As for the shell Pipeline Right of Way Agreement....I don't know about that.... Would I need that or Buckeyes since Buckeye bought the pipeline from Shell but Shell is who gave original authorization?
You need to pay a real estate attorney for a couple hours of their time to look over these documents prior to the purchase of this house.
Location: Visitation between Wal-Mart & Home Depot
8,309 posts, read 38,782,175 times
Reputation: 7185
Quote:
Originally Posted by MAKATTACK
I have a copy of the authorization from Shell, but all it says it that it authorizes the people to build and doesn't violate Shell's rights.
As for the shell Pipeline Right of Way Agreement....I don't know about that.... Would I need that or Buckeyes since Buckeye bought the pipeline from Shell but Shell is who gave original authorization?
Does it say that it doesn't violate Shell's rights or does it say something like "this authorization shall not be construed to diminish or otherwise reduce the rights of Shell Exploration Company in any way whatsoever"?
I get the sense that the addition may have been placed on the easement at the landowner's sole risk.
Your risk is probably very small and very remote, but I would either walk or get an opinion from a real estate attorney.
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