0
Want this question answered?
Be notified when an answer is posted
Add your answer:
Earn +20 pts
If a utility owns an easement across the middle of your property do you have to allow them access across your private property?
Yes, because that is exactly what an easement is. The right to go onto another person's land usually for a specific and limited purpose. However, you may refuse to let the utility people go anywhere else on your property except on the exact portion of land that is covered by the easement. Such easements are usually restricted to that portion of the land so as to enable the utility to read the meter or repair damaged equipment. The terms of the deed of easement will specify where the utility can go.
What are the responsibilities of the utility in an easement agreement?
A common feature is that the utility must restore the land to its original condition if it disturbs the area during any installations or improvements. For all the details you must review the easement agreement.
If you are the owner of the easement who has right to use it?
It depends on the language of the easement itself, most importantly what the easement if for. An easement is a right granted by the land owner (fee owner) to go over, across, and/or under the land for a specific purpose. (e.g., utility lines, access roads) In the case of utility lines, only the party granted the easement (grantee) has the right to use it. In the case of an access road (e.g, a driveway across adjoining land), the easement can typically be used by the owner of the land served by the roadway as well as those who have business or are visiting that land. The underlying fee land owner is typically free to continue using the land in any manner that doesn't impinge on the rights granted by the easement.
What is an easement of property?
An easement is a right to do something on the land (real estate) of someone else, such as using a driveway across someone's property to get to a garage on an adjacent parcel. Other commonly used easements include utility lines (above or underground) for service to other properties. Easements may be granted (in writing) or prescribed by law and may be short or long-term. Blocking a permitted use of an easement is a trespass.
How can a utility or landscape easement be amended to include a common subdivision wall?
It can only be amended by mutual, written agreement executed by the owner of the land and the owner of the easement. The amendment must be recorded in the land records.
Can you purchase an easement in the rear of your home?
Not likely, the easement is there because of something that the utility company has in place there. It also provides the ability to run utility lines from one place to another including your neighbors' homes. If the easement isn't being used by the utility company they may release it for a fee. In the case of very old easement rights in Massachusetts there are liaisons at the utility companies who can research an old easment for you and they will release it if it is not needed, no longer used or if it was never used. There is a fee of at least several hundred dollars.
How do you value an easement?
The customary way of appraising an easement to is valuate the land as if unencumbered by the easement and the land as encumbered; the difference between the two values is the value of the easement.
Can someone with an easement deed that easement to someone else?
Generally, an easement "runs with the land" unless the original grant specifies it will end when the grantee no longer owns the property.If A granted a right of way easement over their land to B then the ROW will become an appurtenant right attached to B's land. When B sells to a new owner, the new owner also will acquire the ROW. However, B cannot sell or transfer the ROW to any other land owner, for example, her neighbor, C.
Can an easement be removed if the person who owns it doesn't know it exists and it wasn't needed in the first place?
NO. You must obtain a written release from the owner of the easement, or in other words, the owner of the land benefitted by the easement and then record the release in the land records.NO. You must obtain a written release from the owner of the easement, or in other words, the owner of the land benefitted by the easement and then record the release in the land records.NO. You must obtain a written release from the owner of the easement, or in other words, the owner of the land benefitted by the easement and then record the release in the land records.NO. You must obtain a written release from the owner of the easement, or in other words, the owner of the land benefitted by the easement and then record the release in the land records.
An easement was granted to the power co and now the power station and lines were removed can you build a horse race track with barns on this land that contains the easement?
No. You need to obtain a release of the easement from the utility company before you build anything on the portion that was affected by the power station and lines. The company can always reinstall new equipment within the easement area and demand that you remove any structures you have installed in violation of their easement rights. Try contacting their right of way or easement department to determine if and how you may obtain a release of their rights in your property. In Massachusetts the utility companies charges for researching and releasing an easement that is no longer used can run from $500-$1500. Some companies will not release an easement that is not being used.
If you are the land owner of easement can you plant shrubs on easement?
in most cases the answer is yes. you may landscape the area, but that area is subject to be torn up by a utility comany or holder of the easement for a legal purpose such a as pipe repair or utility maintenance, and you cannot sue. But the company is responsible for restoring that area to a natural condition, which may not necessarily be what you have planted. if you know there is an easement, read the document. it should be in your title policy when you purchased the house, or call and speak with your title company However, the answer would depend upon what type of easement you mean; some types cannot be blocked by anything, including shrubbery. For example, a shared driveway (with one person owning the property and the other owning an easement for passing over the property) would not be a good place for shrubs.
Can you use your own land inside not blocking an easement?
Yes. As long as you do not impede the easement rights of the owner of the easement.
