Published: Nov 04, 2009 02:00 AM
Modified: Nov 02, 2009 10:11 PM
This letter is written to inform the public about what OWASA is doing to some of its customers. I recently received a letter telling me I must move a garden which sits partially upon the OWASA sewer easement.
The curious thing is that this garden has been at the same spot for 44 years. My mom developed it when they bought the property in 1965. Years later, when OWASA came through with the sewer line, my parents granted them an easement. After installing the line my mother repaired the damage and gardened away. Here things happily stood for the ensuing decades, without a peep of protest from anyone.
The easement states that, "The owner of the fee [the property owner] shall retain the right to cultivate the ground lying within the boundaries of the easement, provided that such cultivation shall not interfere with the right of [OWASA] of ingress and egress...." They can come through whenever needed to repair or rebuild the line. I have absolutely no problem with that.
To keep the deer out I did put up some poles and netting. I set the poles in plastic sleeves so they can rapidly be removed. If repairs are needed, something that has never happened, the garden can be clear within 30 minutes and they can charge happily through with their bulldozers. Also, the garden is well away from the manholes.
So who is being unreasonable? You be the judge. The easement gives me the right to grow my veggies, I accept that they have full access, the fence can be down in 30 minutes, and the garden has been there for 44 years with no prior protest. Is OWASA being fair and reasonable in requiring that I move my garden?
Robert HollisterChapel Hill
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