Power Line Easement?

[bjseiler]

I've been on the needing one side before and it did suck. You are kind of helpless. My neighbors just said no. I eventually bought the farm from one of them so it was mute.

There were lawsuits prior to my ownership over the access easement I had (NO utilities) so the one neighbor was already angry about it. So, there can be headaches.

No idea how the land lays out, but if there was some part of this guy's land that your FIL wanted and the power runs along an edge, you could do a land swap. To your advantage only and not just a 1:1 (and make the other side pay for all surveys, legal, etc.)

 

[Wind Gypsy]

I have limited experience with situations that could relate to this. Roughly 600' of my yard butts up to a county highway that was improved/widened this summer. They did not encroach further into my yard with the highway but needed to expand the ROW easement 17' further into my yard. The county representative that met with me sold this as they just needed to clear any obstructions in this easement and they would be paying me for the trees and old barbed wire fence that had to go. Their offer was much higher than I anticipated for the value of these trees/fence. What was never discussed is what they were really buying and it wasn't the value of my trees and fence and damages caused during this highway project. What they were really paying for is the right to put whatever the hell they want in the expanded right of way easement beyond this project. And my real loss was in possible property value hits as they put more crap in my yard and allow for increased traffic past my house.

Not long after they started building they started putting additional communication utilities in. Of my 600' of road frontage, maybe 100' is my lawn. Of course the splice boxes above ground went in the middle of my damn lawn. They could have been 20' further south on the edge of my driveway or 80' north off my lawn. They also tore up my sprinkler system that was in the new ROW and told me it was my problem to deal with fixing. That is when it set it that I had overlooked what I really sold them.

All easements are different, I'd just make sure your FIL understands exactly what he's really selling them. I'd think an easement could be drafted up that limits the amount of damage to your FIL's property and makes sure he gets full value for it but I'd have someone that represents your FIL be the one drafting up the terms of it if that's possible. The neighbor should pay for the cost of your FIL's representation. An equitable solution is probably available that doesn't put your FIL in the crosshairs of a big money neighbor.