Utility Easement:
- Utility easements on private property is the right given to a utility company to access and use for the purposes of offering utility services to the property or neighborhood
- A utility easement does not grant any property rights to the utility company but the property owner’s rights to fully enjoy the property is limited
Can I stop an easement on my property when?
If you and the other party to the easement agree that it should be terminated, it can be done with a written agreement. The easement holder can also opt to transfer the easement back to the other party, which cancels it out because a property owner cannot give himself an easement on property he currently owns.
How to find easements on my property?
NSW How to find out easements on a property!
- Sent an inquiry to dial before you dig (all reports do not show any easements)
- Looked up pricefinder for any easement ( No easement shown)
- Looked up ePlanning Spatial Viewer
Can I sell an easement on my property?
You can sell these rights much like you would sell a piece of property. You will need a contract that outlines terms of use and will need to file the easement in public archives. The easement will then remain with the property, even if you sell it down the road.
Is your property subject to an easement?
An easement is one person's right to use land for a certain purpose when it is owned by someone else. If there is an easement on your land, the property is yours, but other people can use it or access it. It all depends on the terms. How other people access it depends on the type of easement that has been granted.
How much footage is usually considered the utility easement?
PWC's electric easements are generally 30 feet wide for overhead distribution lines or 50 feet wide for higher voltage transmission lines. Easements for underground electric may range from 10 to 20 feet in width. This is because the distribution equipment can be spaced closer together and therefore requires less space.
Does Georgia Power pay for easements?
Georgia Power has easement rights to the majority of its utility corridors; in fact, very few miles of transmission rights-of-way are company-owned.
How wide are most easements?
Driveways: The minimum width of an easement for driveway purposes is 30 feet. Pedestrian Facilities: A minimum of a 10 foot easement is required, but may need more depending on location and use. Private Roads: A 30-foot width will work for a private roadway with up to 6 users.
Who is responsible for maintaining an easement in Michigan?
the owner of the easementWho is Responsible for Maintaining an Easement in Michigan? Who is responsible for maintaining an easement? The short answer is the owner of the easement. A landowner that has an easement over the property of another landowner is the holder of the dominant estate.
Can I claim for electric pole on my land?
There must be high voltage apparatus and/or power lines on or crossing your property/garden/land. This can be lines only passing overhead, wooden poles of various types as well as pylons. You must be the current property/land owner and not a tenant.
How close to a power line can you build?
Where the vertical distance above ground of conductors of 7,500 volts or less is in excess of 35 feet, this horizontal clearance from buildings shall be permitted to be less than 6 feet, but shall be not less than 4 feet.
How do I remove an easement from my property?
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
Who is the dominant owner of an easement?
The dominant land is the land owned by the owner of the right – the farmhouse in our above example. The easement is described as “appurtenant” to the dominant land. The servient land is the land which bears the burden of the easement, and in our example would be the fields running down to the road.
Who owns right of way property?
A:An easement of right of way is a real right. When an easement of right of way is granted to another person, the rights of the property's owner are limited. An owner may not exercise some of his or her property rights for the benefit of the person who was granted the easement of right of way.
What is a utility easement in Michigan?
A utility easement gives a utility the right to use and access a specific area of a property without owning the parcel. As with any contract, though, there are legal factors to consider, and landowners are encouraged to consult an attorney before agreeing to a utility easement.
How long does an easement last in Michigan?
An example would be a shared driveway easement meant to benefit two parcels. The easement last forever or until both parcel owners agree to terminate it.
How wide is a utility easement in Michigan?
B. New right-of-way width shall normally be granted for 66 feet but may be wider if necessary. The burden of proving the necessity for wider than 66 feet is on the applicant.
Who is responsible for easement maintenance in Georgia?
the ownerGenerally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
How do easements work in Georgia?
Georgia law allows a party to obtain a private way (or easement) over the land of another through a process known as prescription (also sometimes called adverse possession). See OCGA Section 49-4-40 et seq. This requires seven years' uninterrupted use through improved lands.
How wide is an easement in Georgia?
20 feetPrivate way cannot exceed 20 feet in width. - An applicant cannot establish any right whatsoever in a private way if the width of the pathway exceeds the statutory 20-foot limit at any point when originally claimed by the applicant.
Who owns right of way property?
A:An easement of right of way is a real right. When an easement of right of way is granted to another person, the rights of the property's owner are limited. An owner may not exercise some of his or her property rights for the benefit of the person who was granted the easement of right of way.
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 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 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 ...
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.
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 ...
What happens if you build something that interferes with the utility company's ability to perform its services?
If you build something that interferes with the utility company’s ability to perform its services, it will have the right to have you remove the obstruction.
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 ...
Types of easements
Easements come in many forms. Here are some of the most common you may encounter:
Right of way easement
This is where a neighbor may need to pass through the property via a driveway to access the main road. Or, say Property A and Property B share a driveway. “It’s primarily located on Property A’s land, but it splits and also goes off to Property B’s land.
Utility maintenance easement
This easement is typically granted to utility companies to run power and cable lines on a property.
HOA or condominium easement
If you live in a condo or home managed by a homeowners association, odds are these institutions own much of the property—or at least the public areas—while residents have rights to pass through.
How is an easement created and dissolved?
Easements are created when property owners are approached for permission to use their land. If an agreement is reached, it will be set in stone with a legal document such as a deed. While the homeowner who originally grants the easement may be compensated, subsequent homeowners typically are not, although the length of an easement may vary.
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How Are the Terms of a Utility Easement Determined?
Possible grandfathered easements, which property was built first (or order of seniority), and other attributes that determine an easement’s legitimacy. Subdivisions or sections made after the original or first build can also be a major consideration.
Why are utility easements important?
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.
How does Pipe Spy work?
Pipe Spy helps guide our customers through, what could be, a complicated process by educating and bringing awareness to homeowners/buyers. Some of the key details are: 1 Easements are typically recorded; so, if there is an agreement on the easement, it should be in the paperwork for the home when you purchase it. Title insurers must divulge this information to you before you agree to purchase the home. Not disclosing this information could have legal consequences. 2 Approaching neighbors, even if you have a legally binding easement, should be a respectful venture. You always want to share the historical facts while asking for your neighbors’ blessing. This ensures a congenial and earnest relationship when you’re seeking to gain approval for any work you want to do in that area of the property. 3 There are two types of easements: public and private. 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. 4 You can’t identify a true easement just by looking at a property; you really must research the home documents and do a physical survey of the parcel to find out about it. A video inspection of the sewer line could also help you locate the sewer to find out if it crosses the easement before you consider repair or replacement work to be estimated.
What is utility easement?
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. To complicate matters, utility easements can bring even more challenges as they are defined as areas ...
How to find out if an easement is real?
You can’t identify a true easement just by looking at a property; you really must research the home documents and do a physical survey of the parcel to find out about it . A video inspection of the sewer line could also help you locate the sewer to find out if it crosses the easement before you consider repair or replacement work to be estimated.
What are the two types of easements?
There are two types of easements: public and private. 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.
Do title insurers have to disclose easements?
Title insurers must divulge this information to you before you agree to purchase the home. Not disclosing this information could have legal consequences.
Can You Terminate the Easement on Your Property?
You can terminate your easement in several ways. Some of them include:
What Can You Do If Someone Is Unlawfully Using Your Property?
If there is an easement on your property, then you cannot interfere with it unless the easement is terminated. For instance, if there is an electric line that runs through your property, you cannot take it down.
What is an easement on a 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. This article outlines the rights and obligations ...
How are easements created?
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. Utility easements are usually created at the time the property was designed.
What does it mean when a utility company has an easement?
An easement gives the holder the right to use the property owned by someone else. This article outlines the rights and obligations of utility companies and homeowners with respect to easements.
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 ...
When are utility easements created?
Utility easements are usually created at the time the property was designed. You should, therefore, check if there is an easement on your property before you purchase it.
What Is an Easement?
A property easement grants someone else the limited right to use your land for a specific purpose. For example, a common easement is one that a utility company has for placing cables, pipes, or other equipment under or over the property to allow property owners to use their utilities.
How to check if a property has an easement?
To check for an easement on the property, you can take the following steps: 1 Contact the utility companies to see if they have any easements on your property. 2 Check with the county clerk or county land records office to find out whether the prior deed shows an easement. 3 Obtain a survey of the property to see if there are any easements and where they're located. 4 Get a title company to do a title search of the property, which will uncover any easements and other burdens on the property. 5 Make sure to get a warranty deed from the owner, as it must show any easements on the property.
What are the consequences of having an easement on your property?
Whether you're the dominant or servient property of an easement, having an easement can sometimes negatively affect the value of your property. Not everyone wants to buy property with an easement on it, so the property with the easement may take longer to sell.
Why are utility easements bad?
Utility easements are often a problem because if you want to build something such as an in-ground swimming pool on your own land, you might be unable to do so if there are pipes and cables in the way. Likewise, if the utility company has an easement to erect poles or power lines, your property value could take a nosedive. s.
How to find out if a deed shows an easement?
Check with the county clerk or county land records office to find out whether the prior deed shows an easement.
What to know before buying a house?
Before buying property, it's important to hire a real estate attorney to help you check if there's an easement on the property or do it yourself.
What are the things that prevent you from using your land?
Encumbrances on your property may prevent you from using your land the way you want.