Right-of-Way

Procedure for Obtaining Off-Site Sewer Easements

In order for New Castle County to process right-of-way agreements for proposed sanitary sewer facilities which are to be maintained by New Castle County, the sewer design and alignment must be approved by the New Castle County Department of Special Services.

Once the design is approved, submit right-of-way plats to the New Castle County Right-of-Way Section for agreement preparation. Plats must be on an 8 1/2 by 11-inch or 8 1/2 by 14-inch mylar or vellum reproducible. Once the plats are approved, the Right-of-Way Section will prepare the necessary agreements associated with each plat. It is the responsibility of the property owner / developer to obtain signatures from the appropriate parties. The agreements must be signed by the owner of the property, the grantor, on which the easement is being obtained. All signatures must be signed and notarized. Any agreements that are not signed, witnessed, and notarized will not be processed.

Once signatures have been obtained, submit all copies of the agreements and related documents back to the Right-of-Way Section along with a check for appropriate recording fees, as determined by the Right-of-Way Section. Checks are to be made payable to the Recorder of Deeds. Checks must be for the entire amount stated and not post-dated. Cash is not acceptable. The agreements will then be forwarded to the general manager of the Department of Special Services for signature. Then, they are sent to the Recorder of Deeds. An original copy of the agreement with recording information will be forwarded to the grantor.

Plat Requirements

  • A copy of the most current deed to each property requiring an easement
  • Deed Record/Instrument Number
  • Location of any existing sewer lines on the property. Existing easement width and source of title must be shown
  • Location of the proposed sewer line and/or manhole(s)
  • North arrow
  • Owner(s) name(s) as they appear on the deed
  • Tax parcel number
  • Plat number, assigned by Right-of-Way Section
  • Project name
  • Property markers found (i.e. monuments, iron pipe, capped re-bar)
  • Scale
  • Show any prominent features (dwellings, decks, sheds, large trees / shrubs, etc.) that may be near the proposed sewer easement. *Note: encroachments into easements are not acceptable
  • Signature and seal of the professional who prepared the plat (i.e. surveyor or engineer)
  • Title block
  • Width of proposed construction easement
  • Width of proposed perpetual easement

Please review the sample plat (PDF) to ensure you submit the correct required documentation.