Sunman Council directs attorney to record prescriptive easement, narrows scope of utility ordinance

The Sunman Town Council voted to have the town attorney prepare and record a prescriptive easement for an undocumented sewer main behind 103 West Washington, after staff confirmed three connections and grease-clogging in the line.

The move came as the council debated Ordinance 202608, a draft intended to define and protect utility rights-of-way and address legacy infrastructure lacking recorded easements. Town Attorney John said the prescriptive easement would put “the world on notice” of the town’s claim and recommended a five-foot buffer on either side of the line to ensure access for repairs.

Why it matters: Council members said recording the easement gives the town legal footing to require removal of permanent obstructions and to preserve access for maintenance and emergency repairs. Officials said the lack of recorded easements has previously left the town unable to prevent private property work from blocking access to mains.

John described the legal step the council approved: the attorney will craft a formal legal description of the main’s location and record the easement with the county recorder. “At that point… it will no longer be an unrecorded main in question,” John said during the meeting. The council authorized recording and noted a nominal recording fee.

Council debate over Ordinance 202608 centered on whether the ordinance should apply broadly to any utility infrastructure attached to the system (for example, private laterals, hydrants or valves on private property) or be limited to publicly owned town infrastructure. Several council members warned that treating privately owned laterals as town infrastructure could obligate the town to repair items that property owners must maintain. One council member said plainly, “I say no,” when asked whether the ordinance should reach beyond town-owned systems; the chair and the attorney agreed to revise the language accordingly.

What the council directed: John will amend the ordinance to explicitly limit its reach to town-owned public infrastructure and to clarify replacement and access responsibilities. The item was tabled to next month so members can review the revised language and confirm definitions—particularly the definition of “pavement” and whether permitted structures fall within the ordinance’s reach.

The council also moved to authorize attorney action on the 103 West Washington matter immediately so the town can record the prescriptive easement; officials said documenting the pipe location (with pictures, elevations and dimensions) will strengthen enforcement. The prescriptive-easement motion was made and seconded; the council moved forward by voice approval.

Next steps: The attorney will prepare the legal description and record the easement. The council will consider the amended Ordinance 202608 at a future meeting after staff and members review the clarified language.