Shoring and Tie-Back Easement Utility easement means a right held by a facility operator to install, maintain, and access an underground facility or pipeline.
Full Answer
When to use an easement on a property?
December 21, 2014 by: Content Team. An easement is a legal right to occupy or use another person’s land for specific purposes. The use of the land is limited, and the original owner retains legal title of the land. A legally binding easement must be made in writing, the exact location stipulated in the property’s deed.
What is a tieback wall?
Tieback (geotechnical) With one end of the tieback secured to the wall, the other end is anchored to a stable structure, such as a concrete deadman which has been driven into the ground or anchored into earth with sufficient resistance. The tieback-deadman structure resists forces that would otherwise cause the wall to lean, as for example,...
What happens if you block an easement?
Blocking a party who has an easement is considered “ trespassing upon an easement,” an action for which the easement owner has a right to file a lawsuit. For example, placing a fence across a public path that sits on an easement may be considered trespassing upon an easement, even if the fence was placed by the property owner.
What is a dead end easement?
Dead End Easement – the requirement for a landowner to grant the public access to the next public way, even if such access crosses on his property. Conservation Easement – the right of a land trust to limit development, usually done for the purpose of protecting the environment.
How are tiebacks installed?
Tiebacks are drilled into soil using a small diameter shaft, and usually installed at an angle of 15 to 45 degrees. They can be either drilled directly into a soldier pile, or through a wale installed between consecutive piles. Grouted tiebacks can be constructed as steel rods drilled through a concrete wall out into the soil or bedrock on the other side. Grout is then pumped under pressure into the tieback anchor holes to increase soil resistance and thereby prevent tiebacks from pulling out, reducing the risk for wall destabilization.
What is a tieback in ground zero?
A tieback is a structural element installed in soil or rock to transfer applied tensile load into the ground.
What is an easement for a new home?
An easement gives another party — it could be a person, organization, business or government agency — permission to use or access your land for a specific purpose. Different types of easements vary in their scope and function, so take the time to understand what they’ll mean for you as a new homeowner.
What is an easement in real estate?
An easement is a legal instrument that grants property access to people or organizations who otherwise hold no ownership interest in your home. That may include your neighbors, utility companies or government agencies, among other third parties. The most common example of an easement involves homes that don’t directly connect with public roads. If the only way for your neighbor to get to and from his home is by using a private road on your property or even your own driveway, then he may request an easement giving him access to your land.
What happens if you don't dispute an encroachment?
If you don’t dispute instances of encroachment, your neighbor could later claim an easement of prescription after enough time has passed. So, while it may create friction in the short term, it’s always a good idea to push back when someone encroaches on your property.
What is an easement in gross?
Typically, an easement in gross will come into play when a utility company wants to run power lines through private property or, less commonly, when a business wants to put up a billboard on your land. Unlike an easement appurtenant, an easement in gross doesn’t run with the land.
What is a prescriptive easement?
What is a prescriptive easement? This type of easement comes into effect when one party has used the other’s property for a particular purpose over an extended period of time — with or without permission. You may think you’re just being a nice guy by not saying anything when your neighbor marches through your yard to get to an adjoining forest preserve, beach or public road. If given enough time, though, an easement by prescription could give them the legal right to continue moving across your property.
What happens if the government laid down a new roadway that connected with your neighbor's property?
So, if the government laid down a new roadway that connected with your neighbor’s property, he would no longer be able to use your property for that purpose. It doesn’t matter if the new route is inconvenient — once it’s available for use, the easement by necessity is void. 4. Easement appurtenant.
What is the most common type of easement?
2. Utility easement. Another extremely common type of easement is a utility easement. This agreement essentially states that utility companies can come onto your property to access or change any infrastructure that sits on it — think water pipes, telecom cabling, electrical grid infrastructure, etc.
Who represents neighbouring property owners?
Crangle has represented neighbouring property owners in negotiations with developers to ensure that they are properly financially compensated and protected if they choose to enter into one of these types of agreements. For a free consultation, contact Crangle.
Why should neighbouring property owners have other protections in place?
The neighbouring property owner should also have other protections in place in order to minimize the risk that their property may be damaged in the process. These types of agreements can be long and very detailed.
What is an easement?
The simplest easement definition is that an easement gives a person or entity the right to access property that’s owned by someone else for a limited and specific purpose. Easements can affect property owners in a couple of different ways. If there’s an easement held on your property by an individual or entity, ...
How does an easement affect property?
Easements can affect property ownership and limit your ability to do certain things on your property. That’s because the only limit created by an easement is that the property owner can’t block or otherwise hinder the easement holder’s use. Some easements will benefit you as a homeowner, but others can cause a burden.
What Are The Different Types Of Easements?
There are many different types of easements, and each one can mean different things for your home. Here’s an overview of the four different types of easements you’ll commonly encounter.
How to determine if an easement is prescriptive or adverse?
There are a few ways to determine whether an easement is a prescriptive or adverse possession. The first is to consider the intent, and the second is to consider the actions of the non-owner . In a prescriptive easement, the goal is simply to use the property in a specific and limited capacity.
What happens if you have an easement?
If there’s an easement held on your property by an individual or entity, that party has the right to access your property within the guidelines set by the easement. For instance, local utility companies typically hold easements in case they need to access power lines or cables on your property. On the other hand, if you hold an easement, you have ...
Why are easements created?
These easements are created because of the government’s longstanding interest in making the land productive.
Why don't you have the right to stop an easement?
You don’t have the right to stop this type of easement because it would cause an unnecessary burden to your neighbor. You’d be negatively impacting your neighbor’s right to access the main road.
What is a legally binding easement?
A legally binding easement must be made in writing, the exact location stipulated in the property’s deed. Easements most commonly grant utility companies access for the purpose of installing and maintaining power, phone, and cable lines, as well as for water drainage purposes. An easement may also be granted to allow the owner ...
When are easements transferred?
Some types of easements are transferred when a property changes hands, others are not. For example, an “ appurtenant easement” remains part of the property, while “easements in gross” are considered rights of personal enjoyment granted by the original property owner.
What are the rights of an easement holder?
An easement holder is entitled to do whatever is reasonably necessary to fully utilize the property for the purpose for which the easement was created. His rights under an easement do not allow, however, the imposition of an unreasonable burden for the property owner.
What is utility easement?
A utility easement is perhaps the most common type and it involves giving easement rights to a utility company or the local municipality (city, county, or state) in general. These easements are typically described in the property deed and include a map defining the area to which the utility or municipality is entitled.
How are easements created?
Easements are created when a property owner expresses language in a legal document. While an oral agreement for creation of an easement may be made, it does not always hold up in court. This is referred to as an “implied easement,” and often occurs when two neighbors simply agree that a driveway or other access is necessary to one property across the other, with no legal documentation. This can become a complicated situation in the event the crossed property is sold to someone who does not wish to grant easement rights under an implied easement, and is not always held up in court.
What is a prescriptive easement?
A prescriptive easement occurs when someone acquires easement over another’s land for a specific purpose. This differs from easement by necessity as the person acquiring the easement only uses the property for a set amount of time. Each state has specific statues that determine the length of time a person can use a prescriptive easement, and whether the person holding the easement is required to pay a portion of the property taxes on the land being used. A landowner may simply grant permission for the other individual to use the property on a limited basis, but if access is denied, the individual must file a claim of easement by prescription, allowing the court to make a ruling.
What is an easement for a driveway?
An easement may also be granted to allow the owner of a neighboring property to install an access driveway. In most cases, even when the land in question changes hands, the easement remains in effect and subsequent owners are required to allow the easement owner to continue using the land as specified. To explore this concept, consider the ...
