I am drawing up an easement on a plan for a sewer line. I want to be clear that the easement is for the sewer line and maintenance of the sewer line only. What is the correct wording? "For the express purpose of..............." or, "For the exclusive purpose of.............."?
Note that in some places in this world the word "sewer" means sanitary sewer only, and in others it's meaning is extended to include storm drain systems. That, and a lot of places still have combined sewers (both storm and sanitary in the same pipe network). So you are going to want to be specific about that.
I think that "easement for sanitary sewer purposes only " would be sufficient (if that is what you intend).
IANAL but I don't see that "express" adds anything.?ÿ It means "stated" which is unnecessary as you are obviously stating the uses.
"Exclusive" would be more often used in a phrase restricting use to particular people, but "exclusive purposes" might also apply.?ÿ Would it be clearer to say "for?ÿ these purposes only, those of installing, operating, and maintaining a sewer line" ?
I use BOTH, ie; ?ÿAn Express and Exclusive drainage easement described as follows bla ..bla..bla..etc.
Exclusive:
Pertaining to the subject alone, not including, admitting, or pertaining to any others. Sole. Shutting out; debarring from interference or participation; vested in one person alone. Apart from all others, without the admission of others to participation.
Express:
Clear; definite; explicit; plain; direct; unmistakable; not dubious or ambiguous. Declared in terms; set forth in words. Directly and distinctly stated. Made known distinctly and explicitly, and not left to inference. Manifested by direct and appropriate language, as distinguished from that which is inferred from conduct.
????
@flga-pls-2-2
Says the man wearing suspenders AND a belt. ????
Listen up you over contributing methane purveyor. The lawsharks in FL can spin the meaning of anything to mean what they want. Other than writing on the legal instrument "this is for the sewer company ONLY, you assholes, NO ONE ELSE."?ÿ, I just use both words. ?????ÿ
Besides you can't see 'em anyway...
@flga-pls-2-2
Good morning to you, now that it is nearly noon, your time. Have a great day. With deepest regards,
METHANE PURVEYOR
I would describe the easement and let the conveying party of same spell out exactly what they want the easement and its users to be.
Although I've prepared close to 5,000 easement docs in the last 15 years I don't profess to be any sort of expert on easement acquisition or preparation.?ÿ But I can relate to you all what I've done.?ÿ ?ÿIn however many five-dollar-words you want just state that the easement is private and dedicated for the placement and maintenance of one (insert nominal pipe size) sanitary sewer line.?ÿ You might also include that these rights are granted only for the use stated and exclude any heirs or assigns of the grantee without the expressed consent ($) of the underlying fee estate.?ÿ?ÿ
Thats how I do it, I give the width or acreage of the easement, called it what it is, Waterline, Sewer, Drainage, Etc... label it Exhibit A, and let them write the first page of the filing document.
I know "see your lawyer" is way overused in the Land Surveying profession but this is one time where it might be a good idea.?ÿ There are so many issues that could blow up then when the subpoenas start showing up on your desk, well the grilling might not be so much fun.
Appurtenant or not?
Private, public, who gets the easement?
Normally here I provide the description and the lawyers and title people work out the boilerplate (often on pre-ordained forms required by the Agency).
exclude any heirs or assigns of the grantee without the expressed consent ($) of the underlying fee estate.?ÿ?ÿ
If I was the grantee I certainly would not accept that.?ÿ If it is someone needing to run a line from a new house across someone else's lot, any future argument with the grantor over anything could essentially make the house unsellable, or at least require court action.?ÿ
How about limiting the term??ÿ "for so long as it is CONTINUOUSLY used for that purpose."?ÿ No need to have an easement hanging around if the?ÿ need goes away, and it probably doesn't evaporate by itself.
Land surveyors have a long history of performing services outside of our expertise. We base our practice on everything from third hand comments after a seminar to old wives tails made up by old surveyors trying to sound smart.
Crafting easement documents is not especially difficult, but what we don't know can hurt our clients (and their neighbors). Webster and Black won't help you when your E & O carrier says you were outside your lane. Get the education or pass it to the pros...
The wording we use is typically one of the two main types in general form.?ÿ It is either an "ingress-egress" or "utility".?ÿ The wordsmiths can start from there to create the document getting filed officially.?ÿ We also normally add the qualifier "planned" on standard survey plats.?ÿ The exception being formal subdivision plats that will be subjected to a group of reviewers for signing.?ÿ There we leave off the word "planned".
