Easement Question (1 Viewer)

[russinfortworth]

So we live in a new subdivision of about 40 houses at the end of a long winding road. Development is about 8-10 years old and about half filled, and lots are starting to move again. We noticed several weeks ago in the subdivision that leads to ours that utility companies were flagging and painting the sides of the streets and peoples front lawns.

Well yesterday we came home to find that our yard had been "flagged" and painted.........and the paint and flags are right under/on all of ours and our neighbors sidewalk and brick retaining walls (which basically run from one side of everyone's yard to the other). Does this mean that they will be tearing up our front lawn and putting in some type of new pipes? Can't believe that a "new" neighborhood would have to have this done already, and finally the big question is if they tear up the sidewalk, yard and wall, will it be our responsibility to repair?

 

[jon_mx]

So we live in a new subdivision of about 40 houses at the end of a long winding road. Development is about 8-10 years old and about half filled, and lots are starting to move again. We noticed several weeks ago in the subdivision that leads to ours that utility companies were flagging and painting the sides of the streets and peoples front lawns.

Well yesterday we came home to find that our yard had been "flagged" and painted.........and the paint and flags are right under/on all of ours and our neighbors sidewalk and brick retaining walls (which basically run from one side of everyone's yard to the other). Does this mean that they will be tearing up our front lawn and putting in some type of new pipes? Can't believe that a "new" neighborhood would have to have this done already, and finally the big question is if they tear up the sidewalk, yard and wall, will it be our responsibility to repair?

The sidewalks, it depends if the city has taken over ownership of the streets which includes the sidewalks. Assuming the retaining walls are actually on your legal property, the utility company may have no legal obligation to replace it. It is the property owner's risk to put any structure on an easement. But these are all private and local agreements, so who pays for what will vary from place to place.

 

[BroncoFreak_2K3]

Call your City Planning, Zoning or Engineering department. They will let you know what is going on.

 

[avoiding injuries]

It's pretty common here that you have to have all the underground lines marked before any digging, regardless of where they're digging. It's also the county's responsibility to repair sidewalks and curbs, but not the grass.

There's a good chance they don't actually dig in your yard.