Easement
An easement is a non-possessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". It is similar to real covenants and equitable servitudes; in the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes.
Should I buy a house with an easement?
If you buy a house with an easement, odds are, you’ll need to abide by the rules of the easement—because they’re not often put in place lightly. Let’s say you bought beachfront property, and the only way the neighbors can access the public beach is through a path in your yard.
What compensation do electric companies pay for an easement?
Generally, an electric company does not pay compensation for a typical easement. Exceptions to this may occur when negotiating a new easement, in situations of eminent domain or condemnation or when another utility company requests an easement on an existing easement.
How do I find utility easements on my property?
Typically, you can find the deed for your property in one of the following locations:
- The county courthouse
- Tax assessor’s office
- County clerk’s office
- The utility company themselves
Can an easement be fenced?
The main rule of thumb for homeowners to follow when there is an easement on the property line is to avoid building anything, including fences, on said easements. Building a fence on an easement is risky, because the property owner may be ordered to take it down, or find it destroyed by a public utility that has easement access to the property. The dominating rule regarding easement agreements in real estate titles is that the easement holder has rights to use portions of a property without ...
What are the three types of easements?
There are several types of easements, including:utility easements.private easements.easements by necessity, and.prescriptive easements (acquired by someone's use of property).
What type of easement is commonly used by utility companies?
The most common type of easement, a utility easement allows a utility company to run its pipes, lines, etc., under or on other people's property in order to serve its customers. As opposed to buying all the land necessary, utility companies negotiate easement agreements with landowners.
Which would terminate an easement?
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
Can you build a fence on an easement in Texas?
Yes, you can build on a property easement, even a utility easement.
How is an easement acquired?
The majority of easements come into existence when lawyers incorporate them into agreements relating to property (which we call deeds). When Mr Green agrees to grant Mr White a right of way over his land the parties enter into a “Deed of Grant” which creates the easement.
What are legal easements?
An easement is a right benefiting one parcel of land (known as the dominant tenement) that permits the rightful users (not necessarily solely the owner) of that land to perform specified actions over a neighbouring parcel of land (known as the servient tenement).
What is another common name for an easement?
Right of way. An easing of intensity or severity. The comfort received by a person after a loss or disappointment. Passivity. Lifting someone emotionally.
What is an appurtenant easement?
An easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates. The servient estate is the estate that allows the easement, where the dominant estate is the one that benefits from the easement.
Which of the following describes a right of way easement?
Which of the following describes a right-of-way easement? Land that a railroad company runs its track through, Right-of-way easements allow pass-through and can be as short as a driveway or as long as a railroad track.
Can a property owner block an easement in Texas?
For the most part, a property owner can't block an easement if it was already mentioned in the property's deed. If the property owner tries to contest the easement's boundaries, then it's a good idea to have a property survey conducted by a reputable local company in Guadalupe County, TX.
How wide is a utility easement in Texas?
thirty feetHistorically, the easement has been considered to be thirty feet across (fifteen feet on each side of the power line). In 2014, SWEPCO tried to have landowners agree to have the easement officially set to be 100' across.
Can you build a deck over an easement?
Generally not, as you can build under or over it if the work will not have a material interference with the easement. The owner of the land benefited by the easement is unable to bring an action against you unless your proposed work causes "substantial" or "material" interference.
Why do utilities have easements?
Utility easement laws exist to allow everyone to benefit from cheaper and more efficient access to utility . It’s much more effective for a utility company to run power lines in a straight line to power your neighbourhood or city than to deal with individual property owners or run lines around property borders.
What are the different types of utility easements?
There are different types of utility easements: Utility easements below ground. Utility easements above ground. Private utility easement. Public utility easement. No matter the type of utility easement you are dealing with, whether it’s given to a private company or public one, below or above ground, the idea is to let a utility company use ...
What can you do with easements when buying a property?
If you are buying a new property, you can do a title search to determine the nature of the easements that “run with the land” or you will inherit when you buy the property. Utilities can include services like: Utility easement rights are linked directly to the land. Should a property owner sell their property, all utility easements will be ...
What rights do utility companies have?
Utility company rights. When a utility easement is granted on a property, the landowner must respect the area or space given to the utility company and keep the easement area free and clear of any obstruction. For instance, if you gave a company the right to use a small corridor of land to run sewer lines, you cannot build or create something ...
Where is utility easement written?
Utility right of way easement, utility pole easement or any other type of utility easement is written in the property deed. To better understand what type of easement rights you have granted a utility, you should look at what’s written in your deed of property. If you are buying a new property, you can do a title search to determine the nature ...
Is the owner of a utility easement the land owner?
Even though a property owner grants use and access rights to the property to serve the property with utility services, the property owner remains the land owner. This means that although the owner’s right to use the area of the land subject to a utility easement is limited, the owner will still be responsible for paying taxes on ...
Can a utility company sue you for a public easement?
However, if a utility company abuses its use and access rights, a homeowner can legally sue the utility company to ensure the abusive actions cease or get damages.
Why do utilities have easements?
Because of the nature of ownership and all it can provoke in peoples’ experience, utility easements can cause tension between neighbors or add weight to an already stressed relationship. Pipe Spy is knowledgeable in helping our customers to “ease” tensions and solve complicated logistics shared between property owners. Complicated situations where one property’s sewer lateral leaves the private property may need a real estate lawyer to legally resolve.
What is an easement in real estate?
By law, an easement is a right to cross or otherwise use someone else’s land for a specified purpose; and lots can get lost in the translation of this law when it comes to property lines, neighbors, and the cost to resolve issues related to it.
Can public easements be resolved?
Public easement inquiries can be answered and resolved by your local city jurisdiction. Private easements can be a bit tricky and can take a lot more finesse and patience. These negotiations or requests must be worked out between neighbors.
What does it mean when a utility company has an easement over your property?
In such cases, it usually means the utility company has an easement over the property. An easement gives the holder the right to use the property owned by someone else.
How to create a utility easement?
Utility easements are usually created by conveying a deed, a contract or a will. Easements can also be created ...
How are utility easements created?
Utility easements are usually created by conveying a deed, a contract or a will. Easements can also be created through prescriptive use. Prescriptive easements are created when someone else adversely, and without the permission of the owner, uses the land for a continuous period of time.
Can you take down an electric line?
For instance, if there is an electric line that runs through your property, you cannot take it down . If the utility company does not have an easement and is trespassing, you can file a trespass suit. However, you should make sure the utility company does not have an implied easement or an easement by prescriptive use.
Can a utility company abuse easements?
In certain situations, you may feel like the utility company is abusing its easement rights. If that is the case, you can either file for an injunction or damages. In most cases, the abuse of an easement does not result in the easement being extinguished.
What does it mean when you buy a property with an easement?
If you purchase a property with a utility easement in place, it means that the utility company has the right to run lines on it, install items on it and do any other work necessary as dictated by law. If you have a power company easement on your property, the seller should have disclosed it when you bought the house.
What is right of way on property?
Although an easement lets someone perform work and install things on your property, a right-of-way applies to passing through. If a home is built behind your land and that’s the only way to the house, for instance, your neighbor and the utility companies will apply for a right-of-way to cross your land to get there. 00:00.
Do utility companies have rights to work on your property?
Although utility companies may have the do work and even install utility poles on your property, you do have rights.
Can you put up a fence on a utility easement?
If there is a utility easement, though, you will face restrictions on your own use of that part of your land. You can’t put up a fence to block access, for instance. You also will need to get approval before you can build or make modifications to that area of your land.
Can you expand a house over an easement?
You can’t expand your house over that area or plant a tree that keeps vehicles from coming through if it’s not so much an easement vs. a right-of-way. This is definitely something to consider before you put a contract on a home that has an easement on it.
Can you contest an easement?
The entity that has been granted the easement is allowed to do “whatever is reasonably convenient or necessary in order to enjoy fully the purposes for which the easement was granted.”. If the work performed puts an unreasonable burden on you as the property owner, you may be able to contest the easement in court.
Do you have to disclose easements on a property?
If you have a power company easement on your property, the seller should have disclosed it when you bought the house. If not, you may have recourse. However, when your real estate agent pulls the title on the property, it should be disclosed there. If you’d like to know for sure, though, you can check with the various utility companies servicing ...
2 attorney answers
If the drive was created at a time when there was only one owner, then part of property subsequently sold off, there is an easement created by operation of law. Your question highlights the need for surveys when property is exchanged and a review by an attorney to learn what encumbrances may be upon the property.
Brook McCray Smith
If you want to block the other homeowner's ability to access their home over the existing paved drive, you will have to hire an attorney and start suit. Before you do that, spend a little money to have all of the facts and recorded documents reviewed by a real estate attorney for advice an counsel...
What is an easement?
The definition of an easement is simple. It’s the right to use another person’s land for a particular purpose. However, unlike someone who, for example, rents an apartment, an easement is actually an ownership interest. In other words, it doesn’t expire.
What to do if your neighbor blocks your access?
Should he block your access, your only real remedy is a lawsuit. If you are forced to bring a lawsuit against your neighbor to stop him from interfering with your use of your easement, the judge will ultimately order him to refrain from that conduct. If he ignores the judge, the police can enforce the order.
Can you use an easement to access your property?
You have an absolute right to use that easement, but likely only for the purpose of getting to and from your property. Your neighbor, the owner of the land upon which the easement is located, can’t legally do anything to interfere with your use of the easement to access your property.
Can you move an easement?
He doesn’t have the right to move the easement or to change it in any way that restricts your permitted use. Of course, having the right to use an easement and the ability to use it may be two different things. You have a legal right, but if the problem gets worse, it may be one you’ll have to defend in court.
Can a landowner use an easement?
However, the landowner can do whatever he wishes with his land, including using your easement, as long as he doesn’t interfere with your use. If he’s digging trenches and running pipes or electrical lines under the easement, that’s fine, as long as he doesn’t stop you from using your driveway .
Does an easement expire in California?
In other words, it doesn’t expire. Anyone who owns land in California almost certainly has recorded easements of some type running across their land somewhere. In this case, you may not own the land the easement sits on, but you own the right to use it for whatever purpose the easement was created.