I agree.
The specific language of the easement would be interesting reading.
In my neighborhood, we have a Corp of Engineers flowage easement for a lake. The language creating this easement is pretty clear as to what is involved. Unfortunately, some bad information has circulated for a while that you even have to get a permit to cut a tree down on your property but within that flowage easement. I recently spoke with a client about this and provided him a copy of the creating document for the easement. While he trusted me, he still talked with the COE ranger in the area and found that he could in fact cut trees on his property within the flowage easement without a permit from the COE.
Most of the utility easements in this area deal with 'permanent' structures being built within the easement. Other than building your house or garage over the easement, there would be little else to worry about with a little above ground pool like in this story.
Just. Moving the pool
> Moving the pool is probably going to cost less than the survey would have set them back!
Yeah, I kinda have to laugh. I have built three houses from scratch, added numerous outbuildings, decks, porches, woodsheds, etc. I have bought probably 10 parcels of land and sold 5 or 6 and have never had a single land survey done on any of it. Course I can pace pretty accurately though and still have my original Captn' Crunch Compass. Heck, the 25 acre parcel that I'm selling w/ the spec house, I barely set foot on. I just wanted the road frontage for possible subdivision.
Government getting involved in stuff..
"Why should the local governments be expected regulate these agreements between a landowner and an easement holder? It's none of their business and I don't my tax dollars involved and strikes my of a big government, nanny state concept."
[sarcasm]Because the government is here to protect us from our enemies, and we seem to be our own worst enemy![/sarcasm]
