# Easement question/new builders



## ryanl01 (Oct 3, 2007)

I live in a new construction home. I have been in the home for over a year. On the one side of me they finally started to build a home. Well when I got home on Friday I found a 4x4 cut in my front lawn, and the sod pulled back. I went over to the construction guys and they told me that they had to locate a sewer on my property so that they could tie it into the new house. I have a twenty foot easement in my front yard with a sewer running though it, but they now want to put in a man hole. I called the city and they said that yes there was supposed to be a man hole put in when I built the house but they failed to do it. They want to come out today and survey it. My question is can any builder come over I my property and just start digging? I understand that I have an easement but shouldn't they ask me or tell me so that I can minimize destruction of my property. I told them that I have a sprinkler system and and expressed that I dont want my property destroyed. They told me that they can do whatever they want without permission..


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## Michigander1 (Apr 5, 2006)

They can do what ever they want.But they must leave the property the way they found it.Never hurts to take a few pics to show what it looks like now ,Mich


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## costanza (Nov 7, 2006)

Ryan:
Michigander is correct. The easements within a platted subdivison or condiminium will likely be identified as 'Sanitary' or 'Storm' sewer easements. This means the contractor can perform only this type of work-he couldn't, for example, put in a gas or water line, but could put in a sewer manhole. The area will have to be returned to it's original condition.


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## ryanl01 (Oct 3, 2007)

Thank you,

I am just worried about them hitting my sprinkler system. When I told them that I had one they were really surpised. and the sod that they tore up is turning yellow form the heat. I have been watering it but it appears that it is already dead. are they responsible for the sod?


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## Michigander1 (Apr 5, 2006)

ryanl01 said:


> Thank you,
> 
> I am just worried about them hitting my sprinkler system. When I told them that I had one they were really surpised. and the sod that they tore up is turning yellow form the heat. I have been watering it but it appears that it is already dead. are they responsible for the sod?


 Yes they are.If they tore your sod up they must replace it.Dont let them say we will seed it for you.Make them replace it.Mich


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## Topshelf (May 24, 2005)

I work for a Utility Company and have been doing Easement work for the last 15 years. The sewer easement should be on your mortgage survey. If not you can look up any easements platted in the Sub at this state web site as long as you know the name. Its slow so give it time to load but its very handy for research. Also most Counties with the exception of Macomb and Wayne have web sites you can do research for free on. You do have rights like when and how its to be completed, its your property, just not the right to prevent it from happining if its a platted easement. 

Take video and pictures of the yard even at this point in time if work has started. If you have any pics of the yard looking good before they tore it up, make sure you keep them handy for later. Most Sewer tie in's will be a big hole with a big machine and will leave a big mess so exspect the worst. When the work is done, test you sprinklers for leaks while they are there. Alot of times contractors will hit those and not even know it or care. Once they leave it will be tough to get them fixed. Also wander around your house and check out your drywall seams after they are done. Heavy equipment like excavators and big hoe's will pop seams from the vibration.

Important: Get a business card from anyone working in the area and on your property. Ask for cell numbers if its not on the card. Get a cell number from the City/Township inspector and plan a meet in your front yard with all parties to find out *exactly* what they are doing and *when* it will be cleaned up and completed and get it *in writing*. 

Here is why. After they finish tieing in that sewer you will never see them again. They (The Contractor) will all try to pass the buck on clean up and restoration. If you have a cell number for the contractor, you will have to bug the crap outta him/her until he does the work. Same with the inspector. Make his life miserable with daily calls until it gets fixed.

This may seem like overkill but I have seen some cluster F jobs and work by Contractors and usually its the homeowner who gets stuck with the bill and the aggravation of fixing it. Ask anyone in the trade and you will hear horror stories.


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## ryanl01 (Oct 3, 2007)

I asked for a businees card on friday and it started a big confrontation from the laborers. One guy flew off the handle and had to be told to calm down from one of the foremans. I know the names of all the workers and who actually started the dig. I will take some pictures when I get home. I know its going to be a big mess. according to the city, the sewer was buried and just has to be raised 8 in to be level with the ground and manwhole put on. Also they claim that they are going to do the job. So we will see.


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## costanza (Nov 7, 2006)

Ryan:
Topshelf has some great advice. It is YOUR property. He has seen what some-not all- contractors are capable of. Many are looking to 'cut corners', especially in areas like restoration, since the bulk of the work is already done. Don't worry about the confrontations and be firm. Let them know that you are involved and not going to be taken advantage of. Get the City/Township inspector involved and don't be afraid to threaten to get a lawyer.


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## DangerDan (Mar 10, 2005)

Topshelf said:


> I work for a Utility Company and have been doing Easement work for the last 15 years. The sewer easement should be on your mortgage survey. If not you can look up any easements platted in the Sub at this state web site as long as you know the name. Its slow so give it time to load but its very handy for research. Also most Counties with the exception of Macomb and Wayne have web sites you can do research for free on. You do have rights like when and how its to be completed, its your property, just not the right to prevent it from happining if its a platted easement.
> 
> Take video and pictures of the yard even at this point in time if work has started. If you have any pics of the yard looking good before they tore it up, make sure you keep them handy for later. Most Sewer tie in's will be a big hole with a big machine and will leave a big mess so exspect the worst. When the work is done, test you sprinklers for leaks while they are there. Alot of times contractors will hit those and not even know it or care. Once they leave it will be tough to get them fixed. Also wander around your house and check out your drywall seams after they are done. Heavy equipment like excavators and big hoe's will pop seams from the vibration.
> 
> ...


Great post, Excellant advice. 
You may want to create a log of information as well. Date construction began, dates of requests, conversations, those in attendance, etc. It only takes a moment and total recall when going up the ladder (if this should come to pass) shows you have your ***** together. I would request a copy of the inspectors report for visits made. If he tells you your not entitled, ask for the process in getting these reports. As stated, this IS your property and your entitled to know exactly what work is performed and the quality of workmanship involved should there ever be a problem in the future. This will also show the contractor and inspector up front that you intend to be involved in both in process and the completion of work to city codes and requirements as well as your personal satisfaction.


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## MSUICEMAN (Jan 9, 2002)

on that website, when it has a 70ft labeled on a road, i take it that its what.... 70 ft from the center of the road or seventy foot total, so 35 on each side (which seems more right to me).


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## bigcountrysg (Oct 9, 2006)

When it has 70ft labeled on a road it is a total of 70 ft. Which is usually about 35ft from center of the road both ways. 35ft+35ft=70ft total. Being each side ( to include shoulder) is about 12 ft wide making the road 24 ft wide, that gives about 23 ft on both sides of the road from the outer edge of the shoulder in.


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## MSUICEMAN (Jan 9, 2002)

got it, i live on a city road and the road may be about 30' wide (its pretty decently wide, and can park on both sides), and our apron (below the sidewalk) is pretty long, so that would more than likely contain the entire easement. interesting plat though, as things have definitely changed since 1919, including entire roads gone, hundreds of lots, several roads all disappeared when a golfcourse was built. I guess at that time this area was part of royal oak township. pretty interesting really.


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## costanza (Nov 7, 2006)

Msuiceman:
PM me if you need a little more info on your property. I work for a surveying company and look this stuff up all the time.
Costanza


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## spazbrevik (Jun 19, 2008)

Ryan01:
Just tell them who you work for and that you are buddies with Wally. I am sure those contractors will be right over to put your property right back in order. hahaha:lol::lol::lol::lol::lol::lol::lol::lol::lol:


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## ryanl01 (Oct 3, 2007)

funny,

They seen me come home in uniform. well jersey over the top and the guy still wanted to get weird with me. He lives right around the corner. It took alot for me not to do anything to him.


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