Legal matter stormwater pipe, no easment

[expat]

A developer has contacted us wanting to utilise a storm water pipe that crosses our property. There seems to be no easment granted for this pipe, that was inplace on a plane dated 1948.

We live on an acerage that one day is likely to be developed. The pipe would hamper this development. Typically the municipality would want a 16ft easment if we gave permission.

I understand laws on easments change by region but any input on pros and cons would be welcome.

Thank you!

 

[JohnnyJohnson]

Tell him for the right price you'd love to sell him the whole thing~

 

[SevenBizzos]

The pro is you should be compensated for this. The con is (as you mentioned), it may limit the development potential of that area. We have a large storm sewer running under a new mixed use, so that one didn't interfere. So you'd have to weigh now versus then.

 

[Wolf359]

Why not tell them exactly what you said here, you don't want to grant it because it would limit development. End of story. Also in Canada the laws are different. But in the US, typically if you give permission, it can be revoked later. If there's an easement, no way to get that back.

 

[MolaKule]

Legal Matters are best discussed with an attorney.

 

[wwillson]

Hire an attorney, as this is the only way you will get a proper answer.