Sunman council seeks evidence to secure prescriptive easement for downtown sewer

The Sunman council and town staff agreed on April 21 that the town needs more definitive evidence before pursuing a prescriptive easement to secure maintenance access to a sewer main behind several downtown business properties. Chair said the council wants documentation that will hold up if contested: "If we're gonna draft prescriptive easement or do it, it has to be defensible against anybody who wants to argue," the Chair said.

Staff presented an initial review of utility maps and a brief camera inspection. The maps on the table date to 2002, and staff reported "the main that is there is a clay main ... and that is a 6 inch clay main behind there," noting the mapping is at least 23 years old. Participants identified a dead-end manhole in the alley (manhole 980) that staff said appears to collect flows from three buildings (101, 102 and 103). Because multiple laterals feed that location, staff and council treated the pipe between the two manholes as a main for maintenance purposes.

Council and staff outlined a two-stage approach: collect more precise field data, then prepare legal documentation. The technical steps include jetting the line, rerunning a camera inspection, GPS-tagging manholes and taps, and preparing a legal description for recording. Council members emphasized the need to notify affected property owners in writing once the description is prepared so future property owners will be aware of the town's claim and maintenance rights. A follow-up meeting will be scheduled once the town gathers the required maps, location, depth and owner information.