Easement

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Easement

Adjacent property is going to be developed. To do so about 1000 foot sewer line must be run through my house land that has 20′ foot easement. I have lived here 17 years and improved the easement area with planted trees and clearing. Now all this is going to be torn up. Am I entitled to any compensation for this interruption of my life and property enjoyment? What happens if the development largest my property in a mess?

Asked on May 8, 2018 under Real Estate Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends: there are two scenarios--
1) The improvements you made interferred with the easement holder's access to the land. In that case, you are not entitled to compensation, since you acted illegally in interferring with the easement.
2) The improvments did not interfere with the easement. In that case, since the easement gives the easement holder a right to use and access the land, but it--and the landscaping on it--remains your land, they had no right to damage you property unnecessarily (so long as they could use the easement without damage); they would therefore owe you compensation for the damage and have to pay to repair/replace.
Both can be true in part: i.e. to the extent they did damage not necessary to utilize their easement, they can be responsible for that damage.


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