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    simoneaugie's Avatar
    simoneaugie Posts: 2,490, Reputation: 438
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    #1

    Nov 16, 2008, 05:36 PM
    They want an easement. What to do next?
    We and one neighbor, who is also involved, met with the construction company. They want to put a crane in place that will swing over our properties for about two years. They would like to purchase an easement agreement from us. None of the heavy loads will be swung over our houses, just the boom.

    They claim to have looked over their own history and found several similar cases which were never reimbursed. Renting the crane is extremely costly for them. If we do not grant them the easement, they'll have to set up the rented crane inside of a building, that will be very expensive for them (I guess we are really a "pain".)

    The whole thing lacks a strong legal precedent.

    There was an incident in a nearby city where a crane fell recently, killing a man in his bed. I guess they're covering their butts.

    Their contract does not mention imdemnity. It does agree to pay for any damages, through insurance to the property that may occur. I'm concerned about other things. Suppose my dog or my child suffers from construction-related stress and needs the attention of a doctor, do they pay for that? That might never happen, but what if it does? The noise and yelling of the workers is already constant. It can only increase.

    I said, "they probably want to offer us $50. a month, hope for 20,000." My husband feels that it is sort of like renting one of the rooms and charging part of the utilities. That would run about $750. Per month which adds up to $15,000. They offered us a flat $5,000 which is $250. A month and does not allow for extended time they may need. I said, "we'll have to think about this before signing anything." They have requested that we give them an answer before December.

    What should be my next move?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Nov 17, 2008, 05:48 AM

    Your next move should be to consult with an Attorney - whether this is good, bad or indifferent you will live with it for a very long time and I wouldn't even discuss it without legal counsel. The interest of the company seeking the easement is their welfare, not yours. The expense of your Attorney should also be their expense.

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