If a tenant pays water and sewer connection fees, does that right belong to the tenant or the landlord? It seems municipal impact fees must be paid by the landlord. But if the tenant pays it, does that right belong to the tenant?
If, however, the connect rights remain intangible property of the landlord who did not pay for them, is the landlord unduely profitting from not paying for these rights? In other words, isn't the landlord benefitting twice, once by not paying for the rights (if such rights must be paid by property owners) and twice by retaining ownership of rights he did not purchase? Isn't this illegal?
Water and sewer connection fees are calculated by business type in my town. If a business, owns a property and operates from this property, pays the connection fee based on this business type and then subsequently sells the business while retaining ownership of the building, does the new tenant own the connection rights? Does the new tenant own the connection rights if its included in the bill of sale?
Any thoughts?