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No. Also, other utilities can't use the easement unless that right was granted in the original instrument that granted the easement.

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Q: If a utility easement is granted to the power company can other utilities use that same easement without the power company's permission?
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What is the definition of presumptive easement Can a utility company claim presumptive easement when they never asked for an easement from the property owner?

Presumptive easement occurs when the access or easement has been used for so many years it has become an established easement. The owners permission is not necessary if they allowed it to go for years without complaint.


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If the telephone company has a recorded easement against your property, they may install telephone lines to the extent allowed by the easement. You can find out whether there is such an easement against your property by looking in the title insurance policy you received when you bought your property. If you see a telephone easement listed, you can get a copy of it at your county courthouse. If you don't see any telephone easements in the policy, or have questions about the extent of such easements, call the title insurance company.


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How far away from a utility easement do you have to be?

The area on either side of a utility easement is generally stated in the instrument that created the easement. For example, "no structures within 15 feet of either side of the center line". Check with the title company or attorney who represented you when you purchased your property for a copy of the easement document.


How can you buy back a utility easement or part of it?

A utility easement is a feature of the property you own, not a loss of property. A utilty easement is a section of your property that needs to be left accessible to the utility (electric company, phone company, etc.) for service, repairs, upgrades etc. You can use the space such as erect a fence but you need to know that if the utility needs to access your easement space they have the right to move or destruct what you have erected.


I have an equestrian easement across the bottom of my property also an easement to maintain landscape on the easement. What are they allowed to do and what are my rights.?

Those provisions should be set forth in the instrument(s) that created the easements. You should contact the attorney or title insurance company that represented you at the time of your purchase and request a copy of the original easement.


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.


Can a neighbor build a concrete block and wood fence across a 20 ft wide utility easement?

It depends on the nature of the easement. You need to get a copy of the easement from your county records office, and see what rights it gives the neighbor to build on the easement. Odds are, if it's a utility easement, it belongs to the utility company alone. See a real estate attorney for detailed information on your state's laws.