Right of Way Easements
In 1992, The Twin Hills Water District was granted perpetual deeded rights to sections of land called an Easement Area. This allows the district and its agents to access the easement area to perform maintenance or repairs of the water system and right of way.
Most importantly, this area must remain clear of all obstructions so that people and machinery can access the system! Prohibited actions (fully listed below) including dumping in the right of way will incur fines to cover the cost of cleanup or remediation.
Here are some key points of the right of way easement area:
- The easement area is typically 20 feet wide and covers the length of a property.
- The lots significantly affected are:
- 43 Twin Hills Dr (Lot 15)
- 315 Twin Hills Dr (Lot 17)
- 2582 Boston Turnpike (Lot 16)
- 228 Twin Hills Dr (Lot 41)
- 50 Twin Hills Dr (Lot 6A)
- Exact information on the areas within affected lots can be requested from the Water District or Town of Coventry.
- The rights to this property are perpetual and includes the original "grantor" as well as "lessees, heirs, executors, administrators, successors, and assigns". Likewise, the rights are granted to the original "grantee" (the water district) and "its successors and assigns, forever". If you recently purchased one of the properties listed above, this information should have been made known to you by your agent or legal representative as it will remain in place for all current and future owners.
- The Grantor (lot owner):
- Allows the district "ingress to and egress from the real property ... for the purpose of maintaining, repairing and keeping the water works in usuable condition at all reasonable times."
- Allows the district to "construct, maintain, right to replace, relocate, remove and rebuild on, across, over and under the land ... described (Easement Area), a water distribution system."
- Agrees "except with the written permission of the Grantee, that no building, structure, or other improvement or obstruction shall be located upon, there shall be no excavation, filling, flooding or grading of, and there shall be no planting of trees or shrubbery upon the Easement Area."
- The Grantee (water district):
- "Will repair, replace and maintain such facilities at its own expense (except as otherwise provided therein) and in connection with any repair, replacement or maintenance of said system, the Grantee shall promptly restore the premises to substantially the same condition as existed prior to such repair, replacement or maintenance, provided, however, that such restoration shall not include any structures, other improvements or plantings made by the Grantor contrary to the provisions of (the) Easement."
- "Shall so maintain and operate the right of way ... in such a manner that the operation of such right of way will in no way hinder or prevent the proper and reasonable use and enjoyment, including normal residential use, of the property through which the ... easement is granted."