Few years ago I was called on to do an as-built and locate a dozen or so comm cables that bisected a small lot in a fairly high value area. The original plat from the 50's dedicated a 20' easement for power and telephone across the lot, but didn't give any other ties to it other than just showing it with dashed lines. At one time there had been an aerial power line bisecting the lot, but it had since been relocated leaving just the buried telephone cables. A realtor purchased the lot for a song seeing as there wasn't enough usable area for building, apparently with the idea that if they could just get those pesky telecomm folks to relocate all of their cables and vacate the easement, there was the potential for a substantial windfall. The cost associated with relocating all of the cables would far exceed the value of the lot, but of course this fell on deaf ears and the realtor hired attorneys to become involved and my as-built soon became something of an exhibit. When the realtor's attorney began questioning my location of the easement, I told them that the best evidence of the location of our easement was our occupation for the last 60+ years and if they had better evidence they should feel free to share that information. Their reply ... *crickets*.
So today I find out another surveyor has been hired by the realtor, I assume to get another more favorable opinion, and that surveyor is calling us asking for a copy of my as-built survey. We told him, 'you're client received a copy of it 2 years ago. Perhaps you should talk to your client'.
&^*%$#! realtors.
Wouldn't it have gained prescriptive easement status by now regardless?
Most every municiplaity has in place the proper way to deal with an easement that blocks development of property.
Most owners avoid bearing the expense to correct those problems and either pass it on to the next owner or simply ignore snd build anyway.
I wish that I did not know of all the sewers, manholes, valves and other things that are beneath finished floors.
I showed them on my surveys and some reason they never made it to the final plans.
I am not worried because I have the originals snd I delivered the sealed versions and have the receipts.
