Can the Water and Sewer Authority in my county take 10 feet of my backyard?

We’ve lived in our town home for 16 years. A few weeks ago we got a letter from the WSA claiming they held an easement on our property and that they were going to take 10 feet of it. We needed to move our shed, fence, and a tree in our backyard is going to be removed. There is a sewer line that runs back there, it’s 4 feet from the back of our fence. It is not in our yard. We were told when we moved in that we could extend a fence no more than 2 feet beyond the tree that WSA is now claiming they are going to remove but that our property actually extended another 2 feet beyond that. Options?

Asked on December 1, 2011 under Real Estate Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Assuming the Water and Sewer Authority has an easement as to your property, it has the right to use the property that you own under the terms and conditions specifically stated in the presumed recorded easement. It cannot take your property without just compensation.

I suggest that you consult with a real estate attorney about the situation that you are in. He or she will need to carefully review any claimed recorded easement on your property to properly advise you. Until a legal opinion is made as to the claimed easement over your property and the WSA submits proof of its entitlement to such, I would not allow any movement of anything on your property.


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