Utility Lines

[JTip]

If you were my trainee, I would have you call the township or borough engineer and confirm it, with their name, date and phone number.

Unless its a 'floating' deck or not permanently attached, it probably shouldn't be there.

 

[ZZGAMAZZ]

It's not an FHA violation. There's no such thing. It may, or may not, meet FHA's guidelines. As the appraiser, you report it and move on. The Lender and FHA are responsible for making the lending decision.

Something to think about. I was in a CE class not long ago. The instructor said that appraisers are not part of the game. We are the ball. We are not part of the lending decision. We provide information, analysis, and opinion to the people who make the lending decision.

But on a practical basis, the appraiser is responsible to indicate whether "it does" or "it fails to" comply with HUD MPR's. Which is it?

 

[Mike Ault]

But on a practical basis, the appraiser is responsible to indicate whether "it does" or "it fails to" comply with HUD MPR's. Which is it?

It complies. No further action needed.

 

[Tom D]

The utility company has to have an easement. How do you get a permit to build a deck on their easement. Around here you can't. Now, if there is a utility easement then they can come in and remove that deck, and charge you for blocking their easement to do any repairs. I suppose there are exceptions. I would look at my MLS public records and see if there are any other FHA loans on that side. I don't think it's a problem. Big city, we have those poles running in front of the houses sidewalks, near the curb.

 

[Terrel L. Shields]

How do you get a permit to build a deck on their easement.

You don't ask and the E company did not file the easement. Kept it in their own files to not have to pay filing fees. Happens here all the time.

 

[Mark K]

Interesting one from a few years ago...

1950's...Power company obtained a 50' easement via condemnation along the entire length of a 40 ac. tract.

1970's...Developer bought the 40 ac. and put in a nice subdivision. Plat only showed a 15' Utility easement along that side.

2010 ish...Power company came thru and started removing trees, landscaping, fences, above ground pools, etc. in the 50' easement. Seems that the original 50' easement was only recorded in the court records for the condemnation case. I was hired by the homeowners to help determine the damages to claim vs. the title company that missed the easement for the developer.

Bottom line...title company paid for the lost improvements plus abut 15% of the total value of the home. There was a very nice wooded privacy buffer separating the subjects from the lower cost homes adjacent across the easement. Now its wide open. Also, the easement now comes about 20' from the rear of the homes.

As far as the OP, is any adjustment being made for the proximity of the power line vs. the comps? There should be unless all the comps are similarly affected with a power easement that close to the dwelling.

 

[Terrel L. Shields]

As far as the OP, is any adjustment being made for the proximity of the power line

The problem lies in the easement language sometimes. A "construction easement" might be 80' wide. But an actual powerline easement might only be 25'. I see this a lot on waterline easements here. The problem comes when a line has to be rebuilt or repaired and the narrower easement is too narrow to operate modern machinery.

 

[Mark K]

The problem lies in the easement language sometimes. A "construction easement" might be 80' wide. But an actual powerline easement might only be 25'. I see this a lot on waterline easements here. The problem comes when a line has to be rebuilt or repaired and the narrower easement is too narrow to operate modern machinery.

In EVERY new power line easement and most other utility easement I've seen in the past 15 years, and that's quite a few, there's a clause that states something to the effect..."Grantee is also allowed to use areas adjacent to the easement as necessary for future construction or maintenance/repair." In other words, the utility has a 50' easement but can also use other portions of your land for access and material storage when necessary. They determine what is necessary and when. And you won't be compensated for its use. Older easements probably don't have this clause.

My cousin/doctor lives in a nice neighborhood. Power company wanted a 10' easement across the back property line. I told him to get the actual easement document. He did and then I told him to go down 3-4 paragraphs and read the part about the Elec company being allowed to use other parts of his lot "as necessary" without compensation. He told them to remove that paragraph and he'd sign. They refused to remove it so they chose to move the line to an adjacent property. This a very nice area (Peyton Manning and the CEO of Eli Lily were his neighbors) so the power company didn't want to try to condemn on people that have the money and political connections to fight back.

 

[Terrel L. Shields]

They refused to remove it so they chose to move the line to an adjacent property.

Tulsa was notorious for taking flood easements but requiring the adjacent land owner to maintain the easement by mowing it regularly.

Yes, Tulsa flood easements often require landowners to mow the grass, though the specific rules depend on the easement's terms. Generally, flowage or floodplain easements allow landowners to use the property, including mowing and planting, as long as it doesn't interfere with the easement's purpose. It's crucial for landowners to check their specific easement document for exact requirements regarding maintenance and prohibited activities. ​