Re: utility easement

More | Report Post

JM

I do not understand, you are holding on to a Deed with the
easement recorded. Who cares about signed papers. The deed
has the recording and it is legal. Under the doctrine of
laches by allowing the construction to continue with out a
challenge ie the laying of gas pipes, the easment is there.
How can the children or heirs sue when they did not have
title to the land at this time. The story is jummbled.
When did you take title?

Also you did not lay the gas pipes so how are you being
sued? The gas company did this not you. If you did not own
the land then you could not have granted them the right to
an easement. Such as me telling you to paint the Brooklin
bridge green. So what! I can only grant away what I own. I
can not be sued later for granting something I did not own.
If there are people out there who do believe this I have a
lot of prime Moon land to sell them. In fact I will call up
the gas company now and have them lay pipes on it.

Further the easement could be looked at as Adverse
possession if the time has passed the statutory limit. So
again here is it in stone.

Res Ispa Loquitur

On 2/15/07, JMMissant wrote:
> I purchased a piece of property with a deeded engress
> easement runing through 19 acres in 2000. The gas utility
> company put in a gas line leading to my house on this
> easement. The owner of the 19 acres at that time gave
> verbal permission to me and to the gas company to do
> so.The gas company was to send out papers for him to
> sign. He passed away in 2004 and now his heirs are
> suing the gas company and me for trespassing on the
> easement. The gas company can not find the signed papers
> by the deceased owner. What recourse do I have?