How do I Vacate a Private Sanitary Sewer Easement?
There may be several reasons you would wish to vacate a sanitary sewer easement. An easement may travel across an area of your property where you intend to construct improvements. You may have purchased a piece of property with the intent of developing a subdivision or condominium complex and a title search and/or survey reveals an old, unused private sewer easement crossing the property. Whatever your reason for wanting it removed, proper legal vacation procedures for your jurisdiction must be followed to vacate a sewer easement crossing your property.
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Instructions
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Petition the municipality or county in the jurisdiction where the easement lies asking for the vacation. Your petition will have to prove that all parties who would be affected by the removal of the easement have consented or that there are no parties who would be adversely affected. If it is an abandoned easement that is no longer in use, then your petition should state that fact and further state why the easement would serve no future purpose to other parties. Attach copies of any supporting documents as exhibits -- for example, a copy of the easement document found in a title search or the survey or plat where the easement appears to have been created as well as any signed, notarized consents from parties agreeing to the vacation. If, however, you are attempting to have an existing active sewer easement relocated, your petition may be much more detailed and should prove to the satisfaction of all parties involved that the benefit from the easement's relocation would outweigh any adverse affects on involved parties. When vacating a sewer easement where other parties would be affected, the city or county may notify everyone concerned by mail or by publication in a local paper.
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Attend a public hearing or regularly scheduled meeting of the city council or county commission, as may be required in the jurisdiction where the easement is located. If the easement has been abandoned and there are no parties affected, this meeting may merely be a formality for the granting of your petition. If there are other parties involved, however, you may be required to plead your case for the vacation and concerned parties will have a right to voice their objections at this time.
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Pay any agreed upon compensation which may be due to parties vacating their interests once your petition to vacate has been approved. Acquire a quit-claim deed or termination of easement document signed by all parties relinquishing their rights in the easement and returning full use of the property to you, as landowner. You should also obtain, for your records, a copy of the city or county's resolution approving the vacation. Record your quit-claim deeds and any vacation documents in the land records for the county where the property is located.
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Tips & Warnings
Contact an attorney familiar with vacating easements to assist.
There may be instances where you have acquired title to all property related to the private easement, with no other affected parties and no regulations against vacating the easement. In this case, vacation may simply be a matter of signing and filing appropriate documents in the land records. Contact a local attorney for legal advice and assistance in this situation.
As laws may vary from state to state, contact an attorney or governmental agency familiar with utility easement vacations to determine proper detailed vacation procedures.
Familiarize yourself with your locality's subdivision regulations and any restrictions applicable to the property ahead of time to make sure that the vacation would not be in violation.
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