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Sewer And Septic Easements

by | Oct 23, 2022

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An easement in real estate allows the owner of the easement to do something or maintain something on someone else’s land.

Sewer Easements
Sewer easements – like all utility easements – are commonplace in urban areas. Essentially, they allow the utility companies access to your property to maintain, repair, and replace sewage system infrastructure. In rural areas, septic easements are sometimes in place.

Septic Easement Restrictions
If you grant a neighbor a septic easement to locate a septic system, leach field, or drain field on your property, you will be permanently putting a restriction on the deed to your property. This might seem like a friendly gesture at the time, but a septic easement could prevent you from using the designated land to:
•construct a road or driveway
•erect buildings (garages, sheds, barns, and other outbuildings)
•create a garden
•plant trees and other landscaping
•dig a well
•pasture large animals

Because of all of these potential restrictions, a septic easement could not only negatively impact the value of your property, but also your ability to sell it in the future.

Research Any Sewer And Septic Agreements Before Buying Land
Before you buy raw or undeveloped land – or a property that needs a septic system – you should research where the septic system would be located. Ideally, the septic system would be completely contained within the property’s boundaries and wouldn’t require an easement from a neighboring property. In addition, your septic system research should include the required permitting process for the system, the exact location of it, and the cost.

We’re Here For You – Experienced Real Estate Attorneys
As experienced real estate attorneys, we can help you with all aspects of sewer and septic easements, including: the scope of an easement, permissible uses, amendments to easements, enforcement of easements, and more.

At Timely Contract, we have local real estate attorneys who have experience throughout Idaho, including: Boise, Post Falls, Coeur d’Alene, Lewiston, Moscow, and Sandpoint.

We also have local real estate attorneys who have experience throughout Montana, including: Missoula, Billings, Bozeman, and Kalispell.

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