Empathy List Archives

oama@lists.imla.org

Oklahoma Association of Municipal Attorneys

Unfiled Easements

Andie

Tue, Apr 21, 2020 8:19 PM

Folks,

My municipality is having to expand its sewer system due to growth in a
particular area i.e. new school, new hospital, senior living center, as well
as housing additions. It is simply upgrading existing sewer lines/manholes
that have been in place since about 1967. In checking records at the
courthouse, no easements were found that were filed of record.

I have just been delivered a banker's box full of easements that have never
been filed, with a few of that are signed but not notarized.

(1) What are the problems I face if I simply file those that have been
properly acknowledged?

(2) How do I handle the ones that have been signed but never notarized?

Keep in mind these are all dated in 1967.

Ted

NOTICE: UNTIL APRIL 30, 2020. OFFICE HOURS 9 A.M.-3 P.M. MON-THURS, 9
A.M.-NOON ON FRIDAY. IN PERSON MEETINGS BY APPOINTMENT ONLY.

Ted W. Haxel (OBA#3997)
Attorney at Law
108 North Second St.
P.O. Box 367
Purcell, OK 73080
405-527-5888 phone
405-527-6666 fax

HOURS: Monday-Thursday 8:00 a.m.-4:30 p.m.; Friday 8:00 a.m.-noon.

The information contained in this message is confidential information
intended only for the intended recipient. If you are not the intended
recipient, or if you believe you have received this transmission in error,
do not distribute, disclose or copy this message. Please immediately notify
us by telephone or by return email, and delete this email and any
attachments from your electronic files.

Folks, My municipality is having to expand its sewer system due to growth in a particular area i.e. new school, new hospital, senior living center, as well as housing additions. It is simply upgrading existing sewer lines/manholes that have been in place since about 1967. In checking records at the courthouse, no easements were found that were filed of record. I have just been delivered a banker's box full of easements that have never been filed, with a few of that are signed but not notarized. (1) What are the problems I face if I simply file those that have been properly acknowledged? (2) How do I handle the ones that have been signed but never notarized? Keep in mind these are all dated in 1967. Ted **************************************************************************** ********************************** NOTICE: UNTIL APRIL 30, 2020. OFFICE HOURS 9 A.M.-3 P.M. MON-THURS, 9 A.M.-NOON ON FRIDAY. IN PERSON MEETINGS BY APPOINTMENT ONLY. **************************************************************************** *********************************** Ted W. Haxel (OBA#3997) Attorney at Law 108 North Second St. P.O. Box 367 Purcell, OK 73080 405-527-5888 phone 405-527-6666 fax HOURS: Monday-Thursday 8:00 a.m.-4:30 p.m.; Friday 8:00 a.m.-noon. The information contained in this message is confidential information intended only for the intended recipient. If you are not the intended recipient, or if you believe you have received this transmission in error, do not distribute, disclose or copy this message. Please immediately notify us by telephone or by return email, and delete this email and any attachments from your electronic files.

Michael R. Vanderburg

Wed, Apr 22, 2020 3:48 PM

As to the ones which were not properly complete, I suspect you only have a license based on the paperwork. You will need to go get new easements.

Did the sewer show up above ground (manholes, creek crossings, etc.) or is there other evidence that the easement was “open and notorious. (have you had to do repairs for the current owners to see?) For some you may have ADVERSE POSESSION. This will be too fact specific to be definitively handled here.

Mike Vanderburg

Sent from Mail for Windows 10

From: Andie via Oama
Sent: Tuesday, April 21, 2020 3:20 PM
To: oama@lists.imla.org
Subject: [Oama] Unfiled Easements

Folks,

My municipality is having to expand its sewer system due to growth in a particular area i.e. new school, new hospital, senior living center, as well as housing additions. It is simply upgrading existing sewer lines/manholes that have been in place since about 1967. In checking records at the courthouse, no easements were found that were filed of record.

I have just been delivered a banker’s box full of easements that have never been filed, with a few of that are signed but not notarized.

(1) What are the problems I face if I simply file those that have been properly acknowledged?
(2) How do I handle the ones that have been signed but never notarized?

Keep in mind these are all dated in 1967.

Ted

NOTICE: UNTIL APRIL 30, 2020. OFFICE HOURS 9 A.M.-3 P.M. MON-THURS, 9 A.M.-NOON ON FRIDAY. IN PERSON MEETINGS BY APPOINTMENT ONLY.

Ted W. Haxel (OBA#3997)
Attorney at Law
108 North Second St.
P.O. Box 367
Purcell, OK 73080
405-527-5888 phone
405-527-6666 fax

HOURS: Monday-Thursday 8:00 a.m.-4:30 p.m.; Friday 8:00 a.m.-noon.

The information contained in this message is confidential information intended only for the intended recipient. If you are not the intended recipient, or if you believe you have received this transmission in error, do not distribute, disclose or copy this message. Please immediately notify us by telephone or by return email, and delete this email and any attachments from your electronic files.

If the easement is in proper form, file immediately. The only problem will be if the land has changed hands since 1967 – the new buyers may be able to claim that they took the land free of the easement. However, as they presumably took the land and used the sewer, let them make the argument. Do not avoid the filing in anticipation of the objection which they may never make. As to the ones which were not properly complete, I suspect you only have a license based on the paperwork. You will need to go get new easements. Did the sewer show up above ground (manholes, creek crossings, etc.) or is there other evidence that the easement was “open and notorious. (have you had to do repairs for the current owners to see?) For some you may have ADVERSE POSESSION. This will be too fact specific to be definitively handled here. Mike Vanderburg Sent from Mail for Windows 10 From: Andie via Oama Sent: Tuesday, April 21, 2020 3:20 PM To: oama@lists.imla.org Subject: [Oama] Unfiled Easements Folks, My municipality is having to expand its sewer system due to growth in a particular area i.e. new school, new hospital, senior living center, as well as housing additions. It is simply upgrading existing sewer lines/manholes that have been in place since about 1967. In checking records at the courthouse, no easements were found that were filed of record. I have just been delivered a banker’s box full of easements that have never been filed, with a few of that are signed but not notarized. (1) What are the problems I face if I simply file those that have been properly acknowledged? (2) How do I handle the ones that have been signed but never notarized? Keep in mind these are all dated in 1967. Ted ************************************************************************************************************** NOTICE: UNTIL APRIL 30, 2020. OFFICE HOURS 9 A.M.-3 P.M. MON-THURS, 9 A.M.-NOON ON FRIDAY. IN PERSON MEETINGS BY APPOINTMENT ONLY. *************************************************************************************************************** Ted W. Haxel (OBA#3997) Attorney at Law 108 North Second St. P.O. Box 367 Purcell, OK 73080 405-527-5888 phone 405-527-6666 fax HOURS: Monday-Thursday 8:00 a.m.-4:30 p.m.; Friday 8:00 a.m.-noon. The information contained in this message is confidential information intended only for the intended recipient. If you are not the intended recipient, or if you believe you have received this transmission in error, do not distribute, disclose or copy this message. Please immediately notify us by telephone or by return email, and delete this email and any attachments from your electronic files.