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Updated over 1 year ago,

User Stats

13
Posts
4
Votes
Adam Olguin
4
Votes |
13
Posts

Utility Easement - American Electric Power -

Adam Olguin
Posted

I am looking for some counsel on a situation for one of my rental properties.

Situation: 

American Electric Company (AEP) contacted me regarding a utility easement (dating back to 1950) on my property. They want to replace existing wooden electrical poles for steel poles. 

Problem 1: When purchasing the property, It was never even disclosed that there was a utility easement in place. I am not sure what Indiana law requires, but I am surprised it was never even disclosed by the Realtors nor the Title Company. The property sits on just shy of 1 acre, which I have now found, I cannot utilize because the utility easement restricts any building or planting on the area within the easement. 

Question: Should I hire a lawyer and even consider legal action for lack of disclosure regarding the easement? I'm concerned the legal fees would outweigh my primary objective; which is simply to cash flow monthly (which I am currently). Realistically, I don't intend to build or even plant within the easement area. 

Problem 2: The utility company has asked me to sign new documentation as a "supplemental easement"; essentially stating that this new document would serve to act in conjunction with the prior easement, to solidify control of the easement area to the utility company and its successors, indefinitely. The utility company IS offering me a considerable compensation ($10K); however I am concerned about signing and thus relieving all control of the land. 

Question: Are utility easements usually indefinite or perpetual in their duration? How could I find out if this one is? 
I guess I am just hesitant to pay for a lawyer; who may just end up telling me... Yes, the easement is everlasting and there is really nothing I can do aside from sign the documents requested by the utility company and take the money. 

Any counsel is very much welcome, and if there are any suggestions for a lawyer familiar with Indiana State Real Estate Law, it is much appreciated. Thank you. 

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