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Burcha1

Easement with Existing Building

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On the rural property that I built a new home we found a gas line that went to another home hundreds of feet away. Our foundation actually touched the gas line. Years later that adjacent property owner requested that we give him an easement or right of way for future necessary upkeep of the line. I feel that he can keep using the as line till the day when he converts to an oil furnace or a new feed line route gets established by the gas company. Also I believe that it would be very unwise to create a right of way that one's home would be on. To give width around the pipeline the right of way would have to include our house. I even wonder if this would be illegal or not acceptable for a created right of way. Does anyone know the answer to this problem?

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It would certainly be legal for you to grant the right of way/easement, but it's up to you whether or not you actually do it.  I also agree with "RetiredinVA's" comments.

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It's possible that the utility company easement was platted when the land was originally subdivided. You can look that up in the county land records.

 

Nothing illegal about that. It's quite common.

 

5 hours ago, Burcha1 said:

I feel that he can keep using the as line till the day when he converts to an oil furnace or a new feed line route gets established by the gas company. Also I believe that it would be very unwise to create a right of way that one's home would be on. To give width around the pipeline the right of way would have to include our house.

 

There's a lot of ways to write an easement. You can include restrictions and limitations that require notice except for emergencies.

 

 

 

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These things lead to interpretation problems. Some people want whatever they desire and do not communicate well nor fairly with others when any differences might occur. An easement through property near the boundary line or within an area of several acres is what I conceive as being operable. The easement should be clear of structures. That is what I thin and a few friends have expressed such a view.

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