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Corner of driveway in utility easement-how big of a deal is this?

So on our locaton survey we find out that the corner of the driveway is in a utility easement on the property. To attempt to paint a picture, the driveway is larger at the back end then tapers down. The larger end has room on the side to park an extra car and still get out of the garage, if that makes sense. Where this extra parking room is, a corner of that pavement is in the utility easement. Only a small section of concrete is in the easement, not any part of the garage or any structure.

 The title company will overinsure the bank for that portion, but this will be excepted on our title policy. I understand that that means if for some reason the utility company needs to remove that section of the concrete, we would have to replace it ourselves at our own cost.

How big of a deal do you think this is? I'm inclined to not think it is a huge deal, just a fairly big annoyance if it does happen. The driveway is laid out in several sections, so it wouldn't require replacing the whole driveway, probably just a small pad. Thoughts?

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Re: Corner of driveway in utility easement-how big of a deal is this?

  • utility easement for who?

    like they might dig it up for sewer or they might plant a utility pole there someday?

    I could deal with them digging up and me fixing - but I don't want any permanent above ground structures in my driveway.


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  • Sorry, it is for pipelines, not poles. I agree on the pole thing.
    Daisypath Anniversary tickers Image and video hosting by TinyPicImage and video hosting by TinyPic *This is not legal advice*
  • Since it's an underground utility, I'd say it'll be an annoyance if/when they have to rip it up and the cost to replace that corner will be yours.

     

    My neighborhood is going through that right now. The township is replacing all of the sewer lines in the entire place (sewer lines are township owned in my area). Which means the roads and driveways are a mess. They'll re-pave the roads when they're done and they're doing a crude fix-it patch on the driveways that get torn up, but the actual finish paving on the driveways is the reponsibility of the owners. Same with the yards... they'll throw some dirt in the hole, but finishing it and re-seeding is on the owners.

    My driveway needs re-paved (it's all broken and torn up at the bottom, where it meets the road) but I refuse to do it since they haven't done the sewer lines on my street yet. I'm not paying to have the driveway re-done just to have the township rip it up and have to have it re-done again. Luckily, the HOA agrees with me and they're not pressing the issue.

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