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Old 05-13-2019, 10:41 AM
 
Location: Asheville, NC
12,626 posts, read 32,057,839 times
Reputation: 5420

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This is in Buncobme County, NC.

We are trying to have a sewer line extended on our road. The road is a private road. There is
already a sewer line on 3/4 of the road but it would need to be extended approximately 300 ft. The sewer department believes that we need an easement from every property owner that borders the
road in order to put it in the road. The properties across the road from mine are on the next street over but they think we still need easements from all of them since the back of their lots border the private road. Is this even true?

Instead of getting all of those easements across the street for every lot, the sewer department wants to put the line on the 10 remaining lots on my street. (approximately 20 ft on front)From what we understand and according to the survey, there is a 15 foot right away on all of our properties. Not sure what it's for. Two of the property owners, who own 4 of those lots, do not want the sewer line on their properties since they don't plan to build. I don't blame them.

The sewer department has been working on this with their attorney. It's taking forever! We have called the county and they are clueless and just tell me it's a private road. Does anyone have any input about this or what our options are?
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Old 05-13-2019, 11:11 AM
 
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
44,563 posts, read 81,147,605 times
Reputation: 57767
Utilities are very complicated, I have worked in that industry in two states here in the west. Extending a main is very costly, and in most cases is handled by the city or county sewer department. At the place I worked in California, you would have to pay the cost of the 300' extension plus any easements required to serve your lot. Then over the years, any new connections between your lot and where it was extended from would have to pay "front foot charges" for their share of the extension, and that would be refunded to you. The amount is based on the footage of their property facing the street where the pipe is. If the owners of those 4 lots never build, you would never be reimbursed for their part of the extension. In addition, they would have charged you for a system capacity charge. That is money for the additional burden that your extension places on the system in future pumping, treatment, and maintenance. In the case of a private road, they would require you to do the work and pay all the charges but then you would be responsible for maintaining it. Here in Seattle your cost would be in the neighborhood of $50,000, hopefully your town in NC is not as expensive. Most public agencies have a website with their written policies, regulations and costs for such things.
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Old 05-13-2019, 11:19 AM
 
Location: NC
9,359 posts, read 14,099,574 times
Reputation: 20914
Would it be possible and simpler to install your own system? Otherwise you are pretty much at the mercy of the county/city. If your neighbors are the only ones who won't accommodate you, you can sue them for access. Hopefully it will only go as far as mediation. But be prepared to pay them something for the privilege.
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Old 05-13-2019, 11:34 AM
 
Location: Asheville, NC
12,626 posts, read 32,057,839 times
Reputation: 5420
Quote:
Originally Posted by luv4horses View Post
Would it be possible and simpler to install your own system? Otherwise you are pretty much at the mercy of the county/city. If your neighbors are the only ones who won't accommodate you, you can sue them for access. Hopefully it will only go as far as mediation. But be prepared to pay them something for the privilege.
I can't because the lot is too small for a septic system. I have an easement in place to run a line on the property behind me but I didn't want to go that route since I would need a grinder pump. Not only is it costly, but it has maintenance involved plus they don't last forever.
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Old 05-13-2019, 11:49 AM
 
Location: Asheville, NC
12,626 posts, read 32,057,839 times
Reputation: 5420
Quote:
Originally Posted by Hemlock140 View Post
Utilities are very complicated, I have worked in that industry in two states here in the west. Extending a main is very costly, and in most cases is handled by the city or county sewer department. At the place I worked in California, you would have to pay the cost of the 300' extension plus any easements required to serve your lot. Then over the years, any new connections between your lot and where it was extended from would have to pay "front foot charges" for their share of the extension, and that would be refunded to you. The amount is based on the footage of their property facing the street where the pipe is. If the owners of those 4 lots never build, you would never be reimbursed for their part of the extension. In addition, they would have charged you for a system capacity charge. That is money for the additional burden that your extension places on the system in future pumping, treatment, and maintenance. In the case of a private road, they would require you to do the work and pay all the charges but then you would be responsible for maintaining it. Here in Seattle your cost would be in the neighborhood of $50,000, hopefully your town in NC is not as expensive. Most public agencies have a website with their written policies, regulations and costs for such things.
I didn't realize it would be this complicated. Neither did the sewer department. They committed to pay for most of it (which they never do this) but were trying to do us a favor. We just have to each pay $4,150 (tap fee and development fee) for each lot. The original developer had a quote for it and it would cost about 90K to have it done. He's since left and sold his remaining lot. Either way, they will not get the easements on the lots across the street and would leave it up to the 5 property owners that want to build. I am thinking that the only way to get the line put in the road is for the 5 property owners to get those easements. This will probably be the most cost effective way to do it at this point, even though we'd have to split the cost and most likely the only way to do it at this point. I know easements run about $150 each but let's hope, if we do go this route, this is all that is involved. The line was supposed to be completed the middle of January this year.
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Old 05-13-2019, 03:39 PM
 
Location: 5,400 feet
4,863 posts, read 4,801,062 times
Reputation: 7952
Who owns the road? Does every property owner abutting the road own to the center of the road or is there another form of ownership? If every property owner owns to the center of the road, then you should only need the approval of every owner whose property is actually crossed. I think you need to have an attorney represent the group desiring the sewer extension.
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Old 05-13-2019, 03:47 PM
 
4,985 posts, read 3,963,948 times
Reputation: 10147
in our experience, private roads involve private payments.
all the owners own part of the road and all the owners
pay for any changes. if only one refuses, lawyer time.
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Old 05-13-2019, 08:10 PM
 
Location: Asheville, NC
12,626 posts, read 32,057,839 times
Reputation: 5420
Quote:
Originally Posted by turkeydance View Post
in our experience, private roads involve private payments.
all the owners own part of the road and all the owners
pay for any changes. if only one refuses, lawyer time.
Yes, this is correct.
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Old 05-13-2019, 08:28 PM
 
Location: Asheville, NC
12,626 posts, read 32,057,839 times
Reputation: 5420
Quote:
Originally Posted by jiminnm View Post
Who owns the road? Does every property owner abutting the road own to the center of the road or is there another form of ownership? If every property owner owns to the center of the road, then you should only need the approval of every owner whose property is actually crossed. I think you need to have an attorney represent the group desiring the sewer extension.
I am thinking it may boil down to this.
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Old 05-14-2019, 04:38 AM
 
19,969 posts, read 30,213,440 times
Reputation: 40041
if more lots were sold.....does it increase the value of existing homes?? I know that's a difficult question...but this may be an upside … to get others to pay/contribute..
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