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If a utility easement is no longer in use how do you get a release from the utility company?
Wiki User
∙ 13y ago
You need to contact the easement department of the utility company that owns the easement and ask for a release. The utility must research the easement in their records which is sometimes a very complicated process. They may require a fee for the research and release. That fee can run in the hundreds of dollars. On the other hand they may refuse to release it at all even if it is not in use. Once they have property rights some utility companies don't let them go.
Wiki User
∙ 13y ago
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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.
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.
When an abandoned easement be regarded as terminated?
Generally, a right of easement lasts until the owner of the land benefitted by the easement signs a release and that release is recorded in the land records. Generally, the lack of use does not constitute an abandonment. Easements do not generally terminate unless there is some termination language in the original grant. Some action must be taken to obtain a court order terminating the easement. The owner of the land must file a claim in the appropriate court requesting a court order to clear the land of the easement. The plaintiff must show compelling evidence that the easement has been abandoned, compelling enough for the court to extinguish the easement rights. That evidence would include a full title examination to show the history of the easement, evidence to show the owner of the easement was contacted and refused to release the easement and evidence the easement is no longer used and no longer needed. This is a difficult case to bring to court. It should be handled by an attorney who specializes in real estate law and who has experience in this type of litigation. You should consult with an attorney in your area who can review your situation, examine the titles to the properties and determine what your options are. If the owner of the easement is a utility company, some companies will release the easement for a fee that covers the company's research into its own records. The attorney may be able to contact the owner of the easement and negotiate a release without going to court. Requests from an attorney are more effective than a request from an individual.
Is there a law that after X amount of years of non use .an easement is no longer valid?
no
Can a perpetual easement be removed?
Yes, under certain circumstances. An easement can be released by the party that owns the easement rights. An owner of property encumbered by an easement can petition the court to remove the easement and may prevail if there is sufficient evidence that the easement is no longer needed or in use.
Can a person holding a nonexclusive easement assign or sell the easement to another entity?
That depends on the details none of which have been included here. It depends on how the easement was worded. The easement may expire when the original grantee no longer owns the benefitted land. If it was granted to the grantee and their assigns, the easement rights will pass with the land if he sells the land to a new owner. Generally, the grantee of an easement right cannot sell or assign the rights to a third party, for example, a neighboring landowner. The deeds need to be examined for a definitive answer.That depends on the details none of which have been included here. It depends on how the easement was worded. The easement may expire when the original grantee no longer owns the benefitted land. If it was granted to the grantee and their assigns, the easement rights will pass with the land if he sells the land to a new owner. Generally, the grantee of an easement right cannot sell or assign the rights to a third party, for example, a neighboring landowner. The deeds need to be examined for a definitive answer.That depends on the details none of which have been included here. It depends on how the easement was worded. The easement may expire when the original grantee no longer owns the benefitted land. If it was granted to the grantee and their assigns, the easement rights will pass with the land if he sells the land to a new owner. Generally, the grantee of an easement right cannot sell or assign the rights to a third party, for example, a neighboring landowner. The deeds need to be examined for a definitive answer.That depends on the details none of which have been included here. It depends on how the easement was worded. The easement may expire when the original grantee no longer owns the benefitted land. If it was granted to the grantee and their assigns, the easement rights will pass with the land if he sells the land to a new owner. Generally, the grantee of an easement right cannot sell or assign the rights to a third party, for example, a neighboring landowner. The deeds need to be examined for a definitive answer.
How do you get a copyrighted photo release from a company no longer in business?
The best way to get a copyrighted photo release from a company no longer in business is through the copyright office. There office will have appropriate information on the owner of the copyright and contact information.
Why governments seek to privatize state owned utilities?
If a goverment privatizes a utility, it means it doesn't have to pay for the facilities, and then it can tax the private company. But it no longer has control on how it's run.
What are the respective verbs for when a public entity takes over or absorbs private property not as eminent domain and for when a private entity takes over or absorbs public utilities etc?
Your question is interesting and it would be helpful to know the perspective or source but I will try to provide some legal background on the topic under state law in the United States. The "taking over" by the state of private property is governed by law. The "taking over" by a private entity of "public utilities" is governed by law. Absorb is an inaccurate description of the process because every legal process by which this happens has a term in law. When a person dies owning property and leaves no heirs their property "escheats" to the state. It is not the state's intention to deprive any heir of their right to the property. Therefore, if an heir comes forward after the property has escheated to the state, and can prove their relationship to the decedent, the state will transfer the property to the heir. In another area of law, a company that provides utilities to the public such as a telephone company, may be given special powers by the state to take what they need in furthering their purpose to expand public utilities as upgrades are needed. Those companies usually try to negotiate with the property owner privately, offering monetary consideration for the rights or land it seeks to take. However, if a landowner refuses to co-operate, the utility company will be provided with the authority to take by eminent domain. For example, a local electric utility company is upgrading its network of towers. It seeks to expand a statewide 100 foot wide easement to 150 feet in order to add another line of towers needed to meet the growing demand for electricity. It has negotiated a new easement agreement with every landowner in the neighboring town except one. He has refused to allow the expansion. The state may give the utility company the right to take the easement by eminent domain. Another means by which a private landowner may acquire land is by abandonment by the state or federal government, or a railroad company, of land or rights they once took by eminent domain but no longer need. In that case the law provides for an abandonment of the land or rights and they revert to the prior owner or to the present abutters. For example, suppose a road is reconfigured. Any property outside of the former location is abandoned to the abutters. If a small strip in front of your home is no longer needed in the new layout, ownership of that strip will be abandoned to you and it will become part of your property. A utility company may release by an instrument in writing to the landowner any rights or land it no longer needs or in certain cases, where the construction of the utility line never materialized. That release must be recorded in the land records to clear the land of the encumbrance.
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 a land owner be forced to accept an easement?
If you can locate the owner of the easement, and that person is willing to release their rights to the easement, the process is fairly simple. The easement owner would need to sign a "release of easement" in the presence of a notary public, and the release would need to be recorded in the county where the property is located. Upon recording of the release, the easement would no longer affect your land. In most cases, an easement owner does not have to release rights to an easement if he does not want to. You should contact an attorney who specializes in real estate law who can review the title to the premises and explain your options.
Why is the normal operating cycle for a merchandising company likely to be longer than for a service company?
Why is the normal operating cycle for a merchandising company likely to be longer than for a service company?
