Easements

[Tommy F.]

I have a small parcel of vacant land for which I want to improve the zoning and get sewer lined-up before I try to sell. To get sewer, I'll need a 400 foot easement through an adjoining parcel owned by an HOA of a neighborhood that borders my land (it's part their common area and nothing can be built on the surface). The local municipality does not offer any assistance with easements nor will they require a landowner grant an easement. So, I'm on my own to get this done.

I'm seeking advice from BP members for ideas or suggestions on how to go about negotiating the easement with the HOA which I'm concerned will oppose any development. Also what is a reasonable and customary monetary compensation for a sewer easement? For example is compensation based on a basis by dwelling unit approved for the site, by linear foot, or what? Also, I'm not prepared to pay for it upfront, I need municipality approval for the entire project, so how do I record an agreement with the HOA, if we come to terms, so that I can present it to the public works department? Any help will be appreciated.

[Rich Baer]

@Tommy F.

HOA's are always in need of funds. Try negotiating a percentage of your net profit on the sale of your parcel. If you do reach some type of agreement, hire a local real estate Attorney to assist you.