easements

Started by MikeT, February 28, 2006, 09:50:45 AM

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MikeT

I don't know if this is relevant or not, but since I am facing this reality, I thought I'd ask:

I have to provide the local sewer authority an easment for the sewer line from my STEP (sewer treatment effluent program, I  believe) septic tank to the sewer line stub out.  I don't have to do the easement from the house to the tank, just from the tank to the stub.

Is this a straightforward legal process of describing the location of the septic tank and the line and the measurements relative to the property line?  Or do I need to have it surveyed and drawn up by a real estate attorney?

Any advice appreciated.....


John Raabe

I'm not an attorney, but I don't think you need do anything more than have the easement described and recorded with the title. Usually this is done in the tax assessor's office, county treasurer or whoever handles land title documents.

Whoever is asking for this easement should have all the information needed about how to complete this paperwork.
None of us are as smart as all of us.


Daddymem

Typically, it is Septic Tank Effluent Pump.  Easement descriptions vary depending on local rules and regulations.  I imagine the easement will cover a swath from public land to your septic tank only and enough room around it for maintenance, the sewer authority should be able to tell you the dimensions they require.  The easement will need to be recorded somewhere as John points out.  Whether this is simply a description or a stamped plan that gets recorded varies by locale.  Have you asked what your sewer authority what they require?  Sometimes they will require a certain format or language be included.  You may be able to get an ititial consult with a lawyer for a minimal fee (I did for my variance and got advice for $25) to be sure what the rules are in your area.  
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, I wajb(Guest)

Mike...as John stated, I went to the tax office/court house prior to rebuilding my old fishing cabin here on the lake and requested a copy of the easement or last survey document. I was given copies of everything I needed for no cost. The survey sheet was quite accurate as far as measurements from corner of house to property line etc... but did not have the septic lines etc narrowed down....for what its worth....jb