15-20 foot sewer easement

[Dancerchic36]

There is a subdivision going in behind our house. The developer wants to run a sewer pipe through our yard to connect to the main sewer line on the road. Would a 15-20 foot sewer easement on our house deed affect the value of our home? If so, about how much would it affect the value?

 

[Russ Kitzberger]

Great question, What you are looking for is called a diminution of value appraisal or a just compensation appraisal, or may be another term depending on your state. You also should look at the value of the temporary easement if they need to access your property during construction.

Make sure you have everything reviewed by your own attorney as well. The specialty is usually eminent domain, even though yours may not be government-related, they would likely be best suited to understand how easements are compensated in your area.

In most states, the department of transportation has a list of appraisers or consultants that can handle this type of project. You can also search for appraisers with right of way training via the web or IRWA at https://www.irwaonline.org/

UDOT calls it the Right of Way Acquisition Services and Local Government Pool 20200615

Here is the link. Sheet 4 and 5 have the appraisers listed:

2018-2021 Right of Way Acquisition Services and Local Government Pool 20200615

Cover Sheet UDOT Consultant Services Right of Way Acquisition Services Pool July 1, 2018 through June 30, 2021 Revised 6/15/2020 Contact for Additional Information: Gaye Hettrick, CPM Consultant Services Manager 801-965-4639 ghettrick@utah.gov Charles Stormont Director of Right of Way Division ...

docs.google.com

 

[JTip]

Just say no.

Or, if you want to upgrade your living facilities, offer to sell the whole property to the developer, who possibly needs this sewer pipe to feed his whole development.

I bet they will find another way to the main.

 

[Overimprovement]

There is a subdivision going in behind our house. The developer wants to run a sewer pipe through our yard to connect to the main sewer line on the road. Would a 15-20 foot sewer easement on our house deed affect the value of our home? If so, about how much would it affect the value?

Yes, it likely would. See answer above to see steps to determine how much--that is a local appraisal question.

Is this a taking by a governmental agency, or does this developer actually need your permission (and adjacent homeowners as well) to do this?

 

[Terrel L. Shields]

How much depends upon the market in your area. If you have a 5 acre lot, then it probably won't impact it much. If it means running 10' from your house and/or reducing your ability to adjust a set back for other utilities...then it could be a lot. A 11,000 SF lot...might be substantial impacts.

 

[Basically Rectangular]

Get a lawyer to review the terms. The easement may allow for equipment to be parked on the property, and for digging, disturbing, etc.

 

[berniek]

Most lots have easements along the sides and rear of the property for utilities, yours probably has one also. It could be that they will run the easement in or along an existing one. You should be provided with a survey showing the exact location of the easement, the authorization for the survey is a "right of entry" given by you. Depending on the square feet needed and impact to your property, the compensation generally is not much. I suggest to consult an attorney who is familiar with right of way laws in your area.

 

[Dancerchic36]

Yes, it likely would. See answer above to see steps to determine how much--that is a local appraisal question.

Is this a taking by a governmental agency, or does this developer actually need your permission (and adjacent homeowners as well) to do this?

The developer would need our permission and we would receive compensation. I’m just not sure if the compensation would be worth it. They originally offered 10-20k and are now offering 40k.

 

[Dancerchic36]

How much depends upon the market in your area. If you have a 5 acre lot, then it probably won't impact it much. If it means running 10' from your house and/or reducing your ability to adjust a set back for other utilities...then it could be a lot. A 11,000 SF lot...might be substantial impacts.

Our lot is small. It is 0.26 acres. They would run it along the far side of our property. Our house is probably worth about $550,000 right now and they are offering $40,000 if we agree to the easement.

Just say no.

Or, if you want to upgrade your living facilities, offer to sell the whole property to the developer, who possibly needs this sewer pipe to feed his whole development.

I bet they will find another way to the main.

Haha. I like your advice. I’m all for saying no. My husband likes the sound of the money though and is trying to talk me into it.

 

[jay trotta]

The developer would need our permission and we would receive compensation. I’m just not sure if the compensation would be worth it. They originally offered 10-20k and are now offering 40k.

And that would appear to be the "Question" for you yo decide on; at some you have to realize, the developer will move on. Perhaps speak with your accountant and see what impact that may have (IE: earned income) as it may help you decide.
Good Luck