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Easements (in VA in particular)

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(@aliquot)
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@andy-bruner I feel a little differently about easements that directly serve the landowners who are burdened by it. My comments were based on transmission lines, large diameter gas lines, ect...

 
Posted : 30/11/2022 2:03 pm
(@mightymoe)
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Easement work for utilities or municipalities includes protecting your client. That means since the work is for the dominate estate care needs to be given to protecting the rights of that client. This doesn't mean the subservient estate isn't considered since both estates have a common interest.

However, when the two don't mesh then the client gets the main consideration, usually this means overwriting easements and paying the subservient estates a bit more for easements.

It's not the goal or even the right of the utility to solve any ambiguity or discrepancy encountered along the way. And you will encounter them, just look at "square 40" thread; what to do when that overlap is traversed by an easement??ÿ

Not the job of the utility or municipality to solve it, but there are ways to cover the utility.?ÿ

It's state law here that the easement needs to be described in such a way that it's placeable on the ground, blanket easements are forbidden except as a time limited construction easement. Protecting the client means that the easement is easy to follow and retraceable.?ÿ

Easement work for utilities also includes protecting the public.?ÿ

Easy to follow and retractable for who? The multinational gas company, or the land owner who's land is worth less than the cost to hire a surveyor to follow it for them?

WTH?

?ÿ

 
Posted : 30/11/2022 3:50 pm
(@aliquot)
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@mightymoe what is the problem now? I thought you would have been with me on this since I am arguing for land owners' rights.?ÿ

https://www.nsps.us.com/page/CreedandCanons#:~:text=To%20live%20and%20work%20according,Guidance%2C%20I%20make%20this%20pledge.

 
Posted : 30/11/2022 4:04 pm
(@aliquot)
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A story from the land owner side of the picture: A high voltage transmission line was headed through an area that I own land in. The power company said they needed to take anneasment across the corner of my land. I insisted on a real survey of the easement they wanted to take. The result of the survey showed they didn't need any of my land. Thew edge of their planned easement was 1.5' from my corner. (Which I had to explain to their surveyor how to locate).?ÿ

 
Posted : 30/11/2022 4:29 pm
(@aliquot)
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Thanks again for the feedback.?ÿ I love hearing the different perspectives on the things that keep surveyors up at night.?ÿ (Or wake them up 😉

Continuing the discussion:?ÿ If you survey for a utility that, during construction, requires removal of a property corner (no other place to put the new utility except on the line, and through the corner) do you consider it your obligation to reset the corner if possible, once work is complete?

It's moren than an obligation, in many states its the law. Of course it is the utility company who is responsible though. They are obligated to pay you (or another surveyor) to replace the monuments they destroyed.

?ÿ

 
Posted : 30/11/2022 5:07 pm
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