Easement issue on property, anyone familiar how to proceed?(SC)

Rs1200xl

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I'll try to make this a short as possible...we purchased our house about 4 years ago and although it did not have a garage it had sufficient space in the backyard to build a nice size shop(YAY!). Knowing this was my future intentions I had a survey performed prior to closing which outlined the utility easements that were essentially along the property line. Fast forward to last fall I had finally saved up the money and was ready to pull the trigger...I met with the building department and informally reviewed my survey to which they had no issues as long as I stayed outside of the easements. Got some estimates and got everything finalized this spring for a late summer build(Mid-August....). A few weeks ago I had the utilities come out to mark any underground utilities(shouldn't be any issues...right?). The water group ended up marking a sewer line which ran about 3/4 of my property in the easement then turning 45 degrees and running through the middle of my yard which ended up ~6" across the front of my proposed shop. Since this was not on the survey or original plat I had engineering come out to verify what was marked to be correct and, unfortunately, it was. I pulled the plat when the house was built in the early 90s to which the easements align with my most recent survey.

I have read conflicting information on how to proceed. Anything from getting up with the closing attorney, to contacting a new attorney, to filing a claim with the title insurance agency, or even getting up with the survey company but I have exhausted my google-fu and am a bit lost. I'm not trying to be someone who is sue happy, but at the same time we would have likely changed our mind when purchasing the house had we known I would be significantly limited when trying to build a shop.

So here I am, a bit annoyed as well as disappointed I still don't have a place to work on my vehicles and asking the folks of CFF if they have been down this road...how have you handled it?
 
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To clarify, this is NOT the sewer tie to your house, but a public sewer main line? If I am reading you correctly it is NOT in the easement area, as the easement will be spelled out as part of the title and in file at the ROD. If this is the case, I would see about making them remove the encroaching line and run it somewhere else.

I think their public line would need to be in the easement as that is the only area they have legal access to maintain it.
 
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Do you have your closing docs, there should be title search results.

It shouldn’t cost you much, if anything, to have the closing attorney provide copies. I don’t think that your survey matters at all, it’s about what is or is not recorded on the title.

Either way, you’re going to want a lawyer.
 
To clarify, this is NOT the sewer tie to your house, but a public sewer main line? If I am reading you correctly it is NOT in the easement area, as the easement will be spelled out as part of the title and in file at the ROD. If this is the case, I would see about making them remove the encroaching line and run it somewhere else.

I think their public line would need to be in the easement as that is the only area they have legal access to maintain it.

Correct, this is not my tie in but the public main line. It runs in the easement along the edge of my property about 3/4 the length then cuts across the backyard to tie in a street over. It appears they were trying to save some money and minimize the number of elbows and my backyard seemed to be a good short cut...:rolleyes:

Do you have your closing docs, there should be title search results.

It shouldn’t cost you much, if anything, to have the closing attorney provide copies. I don’t think that your survey matters at all, it’s about what is or is not recorded on the title.

Either way, you’re going to want a lawyer.

I've got the closing documents and title search. I deal with numbers not words, but from my understanding the only easements documented were the ones that align with what is outlined on the survey. As recommended here and a couple local friends, plan to get with a lawyer and let them handle it from there.
 
I have this exact scenario, but I'm not planning to build a shop. I was told by the town engineers that I was responsible for anything that could happen to it (ex. caving in, major leaks) and that I would have to pay to dig it up and repair. Might want to see if you're in the same boat. If that is the case, I don't know why it would matter if you built a shop on it since you would be responsible either way.
 
You need to hire a lawyer asap. There is such a thing called common law easement that comes into play after a certain amount of time. Don't wait. You need to get in touch with a lawyer yesterday.
 
I wonder if your recovery from insurance would be greater if you bought that home planning to put in a pool? No way to accommodate the sewer line with a pool, there are a number of ways to accommodate it with a shop.

Assume that nobody is moving anything, this is gonna get fixed with money, and as little of it as they can get away with.
 
I'm a surveyor and i deal with this stuff routinely. 'Get a lawyer' is great advice but if you'd like a free opinion pm me for my contact info and ill review it.
 
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You need to hire a lawyer asap. There is such a thing called common law easement that comes into play after a certain amount of time. Don't wait. You need to get in touch with a lawyer yesterday.

That comes into play once the encroachment is known about and ignored. Now that he knows about it, the clock is ticking but it’s something like 20years IIRC

I’d talk to DHEC and your local county permitting office. If a sewer line that was built outside the easement, DHEC might have something to say about that (sewage routed through an unapproved area) and also ground disturbance in an area not approved by the county.

But yes, a good Real estate lawyer might swing a bigger hammer at these same localities plus the utility and utility sub who likely did this
 
I don't think you have a case at all and even if you did it would last years and cost a fortune. I would build the shed and if they need to get to the line then let them pay to move the shed and put it back. Why go to all the butt hurt for something that isn't and probably never will be an issue.
 
I don't think you have a case at all and even if you did it would last years and cost a fortune. I would build the shed and if they need to get to the line then let them pay to move the shed and put it back. Why go to all the butt hurt for something that isn't and probably never will be an issue.

If that line gets damaged with the installation of that garage, he will be on the hook for it. Not to mention if they need to service the line and the garage is in the way, guess what’s getting torn down
 
There’s a lot of talk with not much info to go on. If you only listen to one thing in this uninformed wall of text thread let it be this:

Do NOT build anything on top of a public sewer line, easement or no.
 
There is a big case like this going on I think in Johnston County. Builder built a sub-division that has an old power company easement going thru it. It was missed on title search. Now it's in the courts and I think about half the companies involved are closed. Pretty much a shit storm
 
I've skimmed most of the replies here and most of the talking points have been raised. I'll add some bullet points:
  • If this is your lateral, then you can do what you want over top of it. It is a very poor decision to build any hard structure on top of any line however.
  • If it's a public line (i.e. not your lateral), and it is outside of the granted easement, you likely have leverage to make them either move it or be compensated for the additional area--my choice and recommendation to you would be to move it. The few dollars you'll get for the easement won't cover the impacts to your property (i.e. moving the garage, redesigning/permitting it, etc.).
  • Squatter's Rights may come into play--I've never had to deal with it, especially with a public utility. It's generally the same across most states: if you let someone encroach upon your property uncontested for more than 7 years, they get claim to it. So not only would you not be able to build on top of the line, you actually would not own that smidgen of property any more AND your setback line would be so adjusted to reflect the new property line (i.e. your garage would move 10-15' from that line). This is all conjecture and may not be an issue.
  • Being a public utility line, there very likely may be special protections/rules in place that prohibit the building on top of or near the line regardless of easement status.
  • There may be a statute of limitations, sort of like Squatter's Rights. Basically, it's been there for so long that there's an imposed easement on top of the line since no one challenged it.
  • My guess is your title insurance will have little to nothing to do with this--I could be wrong as I don't deal much with title insurance. But the easements are "correct" and the title is "clean." This was a construction installation issue.
I would recommend firmly standing your ground for your property rights and making the owner relocate the line. Put the line inside the original easement. If you let it stay and just simply re-easement that area, remember the easement will be wider than just the line. It'll typically be 15-20' wide centered on the line to leave room for digging up the line if ever needed.

I'm more familiar with NC property rights/easement laws. My employer just discovered that we have a fiber line running across a private property FAR outside the granted easement. Said property wants to develop now and we have to move the line. The line was installed 6 years ago. Called the contractor to ask WTF, and the short story is no one bothered to mark the easement for him. I'd guess your situation is similar--the contractor is tasked with getting the line installed, not at being a property surveyor. If no one marked the easement for him, you can't much blame him.
 
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Was this sewer line disclosed to you at selling? If not, I think you have a good case against the Agent and seller for non-disclosure.
Don't know about laws in SC, but in NC you can build in the easement but if they need to tear your building down to get to their line they have that right.
It couldn't hurt to get a SC Attorney to give you their opinion on this.
 
There is a big case like this going on I think in Johnston County. Builder built a sub-division that has an old power company easement going thru it. It was missed on title search. Now it's in the courts and I think about half the companies involved are closed. Pretty much a shit storm


Point being that you can kiss the shed good-bye, build it six inches shorter, or just build the thing and not worry about it since any sewer issues that happen would have to happen right at your shed which is unlikely. If they are in the wrong then it's their problem in the event they want access to the pipe.
 
It couldn't hurt to get a SC Attorney to give you their opinion on this.
Before spending big buck$$$ on an attorney, I'd simply contact the utility owner. Maybe only have to pay for a "threat letter" from an attorney to get your point across to some fat cat utility supervisor. At the end of the day, he wants the line moved, not some settlement money. As I stated before, the settlement money will be a drop in the bucket of getting his garage actually built.
 
I've skimmed most of the replies here and most of the talking points have been raised. I'll add some bullet points:
  • If this is your lateral, then you can do what you want over top of it. It is a very poor decision to build any hard structure on top of any line however.
  • If it's a public line (i.e. not your lateral), and it is outside of the granted easement, you likely have leverage to make them either move it or be compensated for the additional area--my choice and recommendation to you would be to move it. The few dollars you'll get for the easement won't cover the impacts to your property (i.e. moving the garage, redesigning/permitting it, etc.).
  • Squatter's Rights may come into play--I've never had to deal with it, especially with a public utility. It's generally the same across most states: if you let someone encroach upon your property uncontested for more than 7 years, they get claim to it. So not only would you not be able to build on top of the line, you actually would not own that smidgen of property any more AND your setback line would be so adjusted to reflect the new property line (i.e. your garage would move 10-15' from that line). This is all conjecture and may not be an issue.
  • Being a public utility line, there very likely may be special protections/rules in place that prohibit the building on top of or near the line regardless of easement status.
  • There may be a statute of limitations, sort of like Squatter's Rights. Basically, it's been there for so long that there's an imposed easement on top of the line since no one challenged it.
  • My guess is your title insurance will have little to nothing to do with this--I could be wrong as I don't deal much with title insurance. But the easements are "correct" and the title is "clean." This was a construction installation issue.
I would recommend firmly standing your ground for your property rights and making the owner relocate the line. Put the line inside the original easement. If you let it stay and just simply re-easement that area, remember the easement will be wider than just the line. It'll typically be 15-20' wide centered on the line to leave room for digging up the line if ever needed.

I'm more familiar with NC property rights/easement laws. My employer just discovered that we have a fiber line running across a private property FAR outside the granted easement. Said property wants to develop now and we have to move the line. The line was installed 6 years ago. Called the contractor to ask WTF, and the short story is no one bothered to mark the easement for him. I'd guess your situation is similar--the contractor is tasked with getting the line installed, not at being a property surveyor. If no one marked the easement for him, you can't much blame him.


Squatters rights - legally called adverse possession (I've taken land that way), has to be done openly, underground doesn't count.
 
Squatters rights - legally called adverse possession (I've taken land that way), has to be done openly, underground doesn't count.
True--there may be something for utilities of an equivalent though. I know there is with public right-of-way in NC. It's called "ROW by Maintenance." It applies where there was never any ROW platted or otherwise spelled out for public use, but there has always been a publicly-maintained road there. NCDOT can't build new or otherwise modify the road except to maintain it. But it is "legal" and enforceable ROW. The adjacent property owners essentially own to the centerline of the road, but they cannot build a structure within the assumed ROW.
 
A suggestion on my part would be to request a variance to the setback requirements and build the building away from the encroachment if physically possible.
 
Thanks for the feedback everyone.

To throw it out there the shop I was planning to build would have been a two bay garage with ~6" concrete to accommodate a two post lift in one bay. Putting this up in an area that could potentially be dug up is not ideal..in addition I am not sure how I feel about having an 8" PVC pipe under an area where trucks will be driving back and forth to do ground work and pour concrete...so to clarify I will not be installing anything over/near a live sewer. Regarding the water company, I had their engineer come out a couple weeks back when we verified where the line ran and he confirmed I would need to stay 7 1/2" from the center line of that pipe, moving the shop back would require me to remove some privacy shrubs, push me into the utility easement and make me far too close to the property line to be granted a permit. The engineer seemed to balk at the idea of moving the line but that was just a remark based on what he saw and with it being in the ground for about 30 years...however if they are legally required to move it that would be something else...

My plan is to contact an attorney to see if this is worth the fight or just cut our losses and move on to another property(gears have already been turning in the wife's head since a kitchen remodel was in the plans in a couple years...). The biggest concern I have with selling is we now know about the sewer line and need to get it documented, unsure how that may play into future purchasers...
 
Thanks for the feedback everyone.

To throw it out there the shop I was planning to build would have been a two bay garage with ~6" concrete to accommodate a two post lift in one bay. Putting this up in an area that could potentially be dug up is not ideal..in addition I am not sure how I feel about having an 8" PVC pipe under an area where trucks will be driving back and forth to do ground work and pour concrete...so to clarify I will not be installing anything over/near a live sewer. Regarding the water company, I had their engineer come out a couple weeks back when we verified where the line ran and he confirmed I would need to stay 7 1/2" from the center line of that pipe, moving the shop back would require me to remove some privacy shrubs, push me into the utility easement and make me far too close to the property line to be granted a permit. The engineer seemed to balk at the idea of moving the line but that was just a remark based on what he saw and with it being in the ground for about 30 years...however if they are legally required to move it that would be something else...

My plan is to contact an attorney to see if this is worth the fight or just cut our losses and move on to another property(gears have already been turning in the wife's head since a kitchen remodel was in the plans in a couple years...). The biggest concern I have with selling is we now know about the sewer line and need to get it documented, unsure how that may play into future purchasers...
I would at least follow the trail until it goes cold. It goes without saying that if you put an attorney on the case, it's going to add up quickly. No utility in the history of mankind has ever been in a hurry to do anything they didn't want to do--and some property owner telling them to do what's right isn't going to be high up on their list of priorities. I would write my own letters/correspondences all the way to the top official (utility director, municipal manager, elected officials, etc.) until someone gives some positive reaction and action.
 
I did a little bit of digging for legal articles regarding utility easements after reading this, as it admittedly made me curious. Pretty much everything I came across says that the utilities have to stay in the easement. In this case, it looks like a contractor short cut the job (and probably pocketed the difference). The fact remains that the pipe is not located where it is suppose to be and this is impacting your right to use your property in a rightful manner. The owner of the sewer line should be responsible for it and was likely the entity responsible for the contractor. The fact that it was buried in an improper location that would not be discovered until and unless someone did a physical locate should bolster your standing in terms of claims that it should be allowed to be there by default.

Quite frankly, I think you should have every right to excavate the pipe and cap it off where it exits the allowed easement. That you contact the sewer authority and tell them to fix their sh!t should be seen as you doing them a favor.

I'm going hazard a guess that it is or would be replaced by ductile iron which runs about $100 per inch-foot installed (e.g. a 10" pipe costing $1,000 per foot) so it's not cheap and I can see where they would want you to leave it be.

One possible alternative is that if it were to fail, that instead of digging it up, it has to be abandoned in place and any work is confined to the easement? In this scenario. you should still be able to sufficiently build your shop floor, though it may require extra support (extra concrete) or pilings.

The first step is probably to consult with an atty to see what the relevant statutes say to know what standing, if any, you have.
 
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I think you should have every right to excavate the pipe and cap it off where it exits the allowed easement
Don't forget that shit flows downhill...and you'd be immediately downhill of an ever-flowing public sewer line.

I've seen evil, vile, and wretched things on this earth--Rosie spewing political beliefs, Obummer touting to be the greatest thing since sliced cheese, compound fractures, etc. Few things rival the barf-tastically disgustingness of the flow of raw sewage.

Don't do this.

The first step is probably to consult with an atty to see what the relevant statutes say to know what standing, if any, you have.

Again, I'm in favor of waiting to use an attorney until the last possible resort. In NC, municipalities (if this line is run by one) are generally exempt from paying ones legal fees in such a case. There wasn't any real neglect that caused tangible harm (i.e. nobody died).

He doesn't lose anything by trying to get it resolved himself at first. If the utility digs in and turns their nose up at him, then it's time to get out the expensive battering ram.
 
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I also think S.C. DHEC is going to be a bigger asset than one might think. They have to approve most everything sewer/sewage/septic related and the contractor had the get permits from them to lay the pipes. If they did it outside the easement then they likely did so outside the scope of DHEC’s permission. DHEC will likely not be too thrilled about that
 
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