We own a home in a small village in central NYS. Behind our property a mobile home park is being developed. The owner of the park wants to negotiate an easement with us. Of course he is willing to pay for it. He needs to run pipe for sewer and water through our property, if we don't grant him the easment he will need to build a sewage pumping station that will pump the sewage uphill to the next closest connection with an easement, apprx. 300 ft. If he gets the easement thorugh our property, he will only need to go about 50 ft and no pumping station is required because it is downhill and gravity will take care of it. I am wondering what the pros and cons are of granting the easement. Also, should any type of environmental study be required? Should I hire a local attorney or one from a larger neighboring city? I don't want to make a poor decision. Thank you for your help.

Hi

I have had to deal with easements both as a user and as the one being burdened by an easement. If I were you I would think long and hard about it before you grant an easement. Once in place they are difficult to dissolve or move particularly a utility easement. Here are some “cons” If you go to sell your property, a savvy buyer would look into see what if an easements are attached to your property. Easements are generally viewed as a negative thing. The reasons are many, if work on the pipes needs to be done, guess what – your new lawn gets dug up. There is an assumption in any easement that the dominate user can maintain it particularly utility easements. As the serviant land user, you must leave that area where the easement runs free and clear so that the principals who hold the easement can get access. You own the land but can’t use it really and pay taxes on it. If you decide to grant this easement I would make dam sure that it dissolves when and if the lines are no longer needed. I would make dam sure that there is language in the easement agreement that you have you be notified well in advance when work and or maintenance needs to be done. I wouldn’t do it unless there in a large chunk or cash in it for me. I see no positives for you as the serviant land user other than a one time cash payment. –Look into it long and hard!!!!! Check the laws in NY

Good luck.
Bruce

I suggest consulting city plannign as they may not allow the utility easement because this sounds like an environmental accident waiting to happen. I would suggest that you decline the offer, but do your due diligence.