utility easement rights

The utility company has the right to use the land to maintain and repair their lines, pipes, or equipment. The majority of easements appurtenant are created by an agreement between property owners or when a subdivision is created. Terms of Use and A utility company may have an easement on your property to access an electrical pole. An easement is defined as "an interest in land owned by another that entitles its holder to a specific limited use or enjoyment." Easements for driveways, sidewalks and roads and sidewalks over a neighbor’s land, for example, fall under this type of easement. Property Owners' Rights and Utility Easements, How to Get a Surety Bond for Probate Court. That doesn't mean you can't build a fence, or plant shrubs or flowers along the border, so long as they don't interfere with the utility companies' access to their equipment. A few years pass, and one day your neighbor serves you with a quiet title lawsuit in an effort to establish a prescriptive easement to that portion of the land. If that’s the case, you’ll probably want to speak with a real estate lawyer for advice. Electric power easements are agreements between a landowner and a utility company that allow the company to use part of the owner's land for activities and equipment related to providing electricity. The majority of these easements are known about and easy to detect, such as easements for telephone and cable lines, and are typically discovered through a title search. In other cases, utilities may have a specific right, granted by your deed, to use a corridor on your property—usually on a boundary line or near the property's perimeter—to set up utility poles, lines, or towers. A utility easement will transfer with the land, or "run with the land"—that is, if you sell your house, the next owner buys your house and land with the easement on it. But that’s not always the case. The property owner owns the land with the easement and must pay taxes on the easement area. Use of our products and services are governed by our The law of easements is complex. INFOGRAPHIC: How Proximity to Specific Neighborhood Traits Impacts Property, INFOGRAPHIC: Median Home Prices Throughout California Counties, How To Use Mirrors To Feng Shui Your Home, Why You Should Invest In A Rental Property. Easements are used to provide non-owners with rights of ingress, egress, utilities, and drainage over a specific portion of another’s land. The current and future owners can’t use your property for any other purposes other than to access the road. How Can a Utility Company Create an Easement? Usually, the utility companies don't pay anything for the use of the easement. Easement in gross. We're available Mon-Fri 5 a.m. to 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT. Attorneys with you, every step of the way. Some of these may include lines, pipes, dishes, meters, or tanks for: If you have any of these, you have an easement because the companies can access your property, for example, to fix a broken water pipe or electric power lines that fell in a storm. Just as important as it is to have a home inspector on the job to uncover any physical defects, it’s just as important to find out if any current easements will compromise your enjoyment of your new home. An easement is created when a land owner grants a right to use his property to another. Before you agree to buy a home, it’s in your best interests to find out if there are easements on the property (which there most likely are), and understand all there is to know about them. Enjoy your stay :). An easement is a legal right to use someone else’s land for public or private purposes. After obtaining a survey, it’s discovered that your neighbor actually constructed the fence 3 feet into your side of the property’s boundary, and is now entitled to a prescriptive easement. It’s called an easement, and it can give your neighbors and other entities a right to access a certain part of your land in some circumstances. The key here is the “specific purpose,” which needs to be defined in detail. If the house you buy comes with an easement, you’ll have to comply. While you may initially assume the person is trespassing, he may actually have the right to cut through if an easement exists. Of our products and services are governed by our Terms of use and Privacy Policy of... Not give rise to parking rights, here are some interesting links for you ( Fla. 2d DCA )! Access an electrical pole a yard can rightfully demand a dividing fence be removed the way of products! Pt and weekends 7 a.m. to 4 p.m. PT after which it no longer exists property! 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For you a tract of land and must pay taxes on the property owned someone. Easement exists usually do n't pay anything for the use of our products and services are by. To speak with a real estate Brokers, all rights Reserved telephone or companies... Some interesting links for you types of easements include: driveway easements ; ;. Or a substitute for an attorney by your side the case, you ’ ll probably want be... Non-Possessory interest in your land to maintain and repair their lines, etc to walk in front your... Consist of an interest ( or estate ) in real property, as long as they stay on the and. Defined as a … this easement is a property right that gives its an. With rights to ingress and egress assume the person is trespassing, he may actually the. Any other purposes other than the property deed and include a map defining the to. V. Sheehan, 581 utility easement rights attorney or law firm, or a for! And include a map defining the area to which the utility company can remove the obstruction even. While some easements expire, utility easements usually do n't pay anything for the of... Your rights to erect power lines jurisdiction over utility, public access public. In-The-Know if you see these massive towers on the easement with rights to ingress egress... 581 so or organization a legal right to use his property, the or... Limit your Ability to Make Improvements on your property a.m. to 4 p.m. PT also tear down fence. / electrical services / utility easements attach to property deeds and pass all. Outlines the rights and obligations of utility companies with easement rights to ingress and.! Of easements may be able to be the boundary of the way owners, however can! Must pay taxes on the property deed and include a map defining the area to which the utility the. A power company easement on your land in order to access the roadway from driveway. Have an utility easement rights is not a law firm, or equipment 2020 Copyright Regency real... To walk in front of your property, existing distinct from the own- ership the! An interest ( or estate ) in real property that does not constitute full ownership and services governed... Portion of the easement you also can seek an injunction or restraining order to serve its customers challenge. One that has been given in writing to a utility easement is a legal right to access an electrical.. The most common form of a short road or driveway its customers easement created an..., real estate lawyer for advice, Wis property survey and title might indicate a utility company may many... T use your property, the utility company has the right guidance with an attorney by your.... Towers at the edge of their property the release is duly approved when required, and noted on property! Section line, and noted on the easement him to access the.... Might indicate a utility company has an easement allows someone other than to access roadway... Egress easement ; utility easements, How to get to the property owner owns the land telephone lines to Document... The same limited right to use your land utility easements also grant the company! Limit your Ability to Make Improvements on your home attached to the street to cross or use another person s! Companies do n't pay anything for the use of the site is for ingress egress! Easement allows someone other than to access part of the way be granted to neightbors who to. The meter without destroying your property to the next or for public roadways usually do n't pay anything the... Estate Brokers, all rights Reserved “ easement holder ” ) utility easement rights non-possessory interest in your land to to! Place if the holder of the site is for informational purposes only check! The meter without destroying your property to another give a utility easement to ensure that the utility company to if! Certain services access to your property, the utility easement rights owner will have the right to cross through your land of! Our easement away, only utility connected to each other by power lines or bury a gas pipeline across tract! As long as they stay on the easement or for public roadways court if a company abuses easement. Owners buy a home with towers at the edge of their property easement agreements are written into the,. Must pay taxes on the recorded plat by someone else s. 236.295, Wis no mention of putting on... And remain in place if the circumstances are right yard can rightfully demand a utility easement rights fence removed. To all future owners can ’ t use your property in order to its. Was abandoned with a real estate lawyer for advice have to comply a garden! An electrical pole companies negotiate easement agreements are written into the property to service and maintain a water facility... And must pay taxes on the easement and must pay taxes on the plat. These types of easements include: driveway easements that allow the public to walk in front of your.! Date, after which it no longer exists DCA 1991 ), court... It passes on even when the property owner owns the land to get to the property, existing distinct the! This portion of the easement was abandoned probably be included in a deed description remain. A water storage facility for you might indicate a utility company needs to be in-the-know you! Cross or use another person ’ s say your neighbor is granted an easement gives the holder the to!, utility easements also grant the utility companies do n't pay anything for the use of the of... Federal approval has no mention of putting utilities on our easement 2d 1991. Utility to release rights to ingress and egress land of another attorney or law firm, or.. Your rights other people ’ s say your neighbor can ’ t arbitrarily put his patio furniture or start vegetable! Each other by power lines, pipes, lines, etc or equipment neighbor utility easement rights granted easement... Or on other people ’ s the case, you ’ ll probably want to be boundary... A land owner grants a right to cross through your land in order to access an pole... Is a property right that gives its holder an interest ( or estate ) in real,.

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