Blue Ridge Homes

I was reviewing some emails today and wanted to share a conversation the Wagner’s and I had on through emails a couple of weeks ago, because I think it could be useful to other folks who are considering purchasing vacant land for constructing a new home in the mountains of Western North Carolina.

The Issue:

If you will remember back in the earlier posts we showed how dramatically the placement of the power line on top of the ridge affected the grading of the Wagner house site.  The original power line ROW was suppose to be 7.5ft.  Instead there were places where the power line protruded almost 20ft into the lot.  This misplacement caused us to have a much steeper slope than originally planned and the addition of a retaining wall in the back.  So, what follows is a conversation that played out over a day or so:

Wagner:

As French Broad Electric is clearly the reason for the addition kneewall/less back yard issue having appeared, it seems that in everyone’s best interest they should be contacted.

Not only for the obvious possibility that the line could be rerun within the easement, but for the long term implication of any maintenance work in the future where they would actually have to dig on  our property well outside of the legal easement.

I do not want to shut the job down obviously, but feel that it is important they are notified of the issue. If they are anything like Florida Power and Light it would take months to get anything done and of course no one wants that, but if I am going to let their line remain encroaching into my property perhaps they need to make a concession or 2.

Could you please call them and get the low-down?

And of course it is important to note that Brian has told me that this issue should not cost us any additional dollars..however the retaining wall allowance will be very tight now. Seems that if there is an overage, French Broad should be paying for it.

What do you Gentlemen think?

Bob

Blue Ridge Homes:

Bob,

Here is what the Declarations have to say:

Section 5.1. Utility and Drainage Easements. Utility and drainage easements upon all Lots in the Subdivision are reserved for the installation, repair and maintenance of utilities and drainage facilities. Such easements shall be fifteen (15) feet in width from the center line of all platted roadway lines along all property lines of each Lot abutting a roadway, and seven and one half (7 ½) feet in width along every other boundary line of each Lot, or as otherwise shown on the recorded plats of the Subdivision. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities and other public conveniences, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through the drainage channels in the easements. The Association, Subdivider, and any utility company using the easements herein referred to shall not be liable for any damage by them or their assigns, agents, or employees or servants to shrubbery, trees, flowers or to the property of the Owners situated on the land covered by said easements. The Subdivider reserves the right to create and impose additional easements or rights of way over any Lot or Lots owned by it.

I have also attached a copy of the plat for your review.  Let me know ASAP how the conversation goes with French Broad Electric and if there is anything that you need from us.

Brian

Wagner:

Looks pretty clear from their notes and the typical lot 120 they reference that it is a  10’ utility easement.

I left a message at French Broad Electric to see what their take is on this issue.

Does this electric feed anything but our temp electric for now..seems like we are almost the end of the loop there.

Just a thought…if they were to agree to move the line…could you go ahead with your grading based on the lines being moved in the near future? Obviously the current would have to be shut down.

Wagner:

Spoke with Rick over at French Broad electric. He said they didn’t dig the ditches, that the ditches were dug by the developer and that those locations have been recorded as legal somewhere. He said if the lines do not fall in the easements it is the developers fault and we would have to contact them. Had a feeling it might go this way. Have either you or your dad had dealings with the original developers?

Blue Ridge Homes:

Bob,

The developer handed over control of the development to the HOA some time ago and is actually tied up in litigation with the HOA over the roads in Seven Glens.  If the placement of those lines is legal they would have had to recorded some kind of variance for the placement outside of the standard utility easement.  If this is the case then the closing attorney who handled your transaction should have turned that up in the title search.  So, I think there are several people you could point the finger at and say they screwed up.

However, the reality of it looks like this…  You would have to sue the developer and win in order to get the lines moved at no expense.  French Broad Electric might be willing to help move the lines if you and Maraly were willing to pay the grader to do all the track hoe work.  However, keep in mind that all you are gaining is no knee wall in the back and a slightly less steep cut in the back of your home.  I think the costs in getting something accomplished to move that line far out weighs the benefits.  However, if you wish to pursue this please let me know so I can stop work at the job site until some resolution is reached.

There is the saying about choosing the hill upon which you will die….  is this that hill?  Let me know what you and Maraly come up with.

Brian

Wagner:

Funny quote! Actually this is probably the hill that Maraly and I have chosen…however it will not happen while we are waiting for this issue to play itself out.

Please continue on the site per the discussion of the 18’ backyard and the small kneewall.

Thanks