Water district utility easement

This is a discussion on Water district utility easement within the Other Real Estate Law Matters forum, part of the REAL ESTATE & PROPERTY LAW category; The water distric has a 200' x 200' easement on our property where they have a storage tank. Until our ...

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Old Oct 22nd, 2010, 03:53 PM   #1
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Default Water district utility easement

The water distric has a 200' x 200' easement on our property where they have a storage tank. Until our development was built they had a easement along our road that enabled then to get to their storage tank. When the development was created the easement was updated to include a utility easement along our road. We ourchased the property after the development was created. The water district has decided to install a pole with an antenna along the roadwway which is basically our driveway. They claim that they cannot get a signal in the 200' x 200' area where their storage tank is. I am curious if this is common. There is nothing specific written in the easement as to what the water district can do. It just says utility easement win ingress/egress on a 16 foot roadway.

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Larry
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Old Oct 23rd, 2010, 02:57 PM   #2
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Default Re: Water district utility easement

I wish to inform you that the water district is having easement regarding 200' x 200' tank. In this regard, the creation of tower in an area under which easement right does not give the right to have the tower installed is not permissible. Further, the tank was working without tower and therefore there may not be requirement of tower. Further, the location of tower being outside easement area cannot be allowed. Easement is given regarding specific interest and this does not allow violation of others interest of property.

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Old Oct 25th, 2010, 11:50 AM   #3
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Default Re: Water district utility easement

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Thanks for your help. Hopefully I can get them to stop the installation of the antenna along the roadway.

Larry
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