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Yes ==Clarification== An easement SHOULD be recited in the deed. However, if it is not the validity of the easement is not affected. Deeds often do not recite easements. While they are recited in title insurance policies lawyers are usually either reluctant or too lazy to modify the wording of a deed to reflect easements that have not been previously noted. That reality is a main reason for the need to always have a title examination performed by a professional. An easement not recited in a deed can cause costly problems for the unsuspecting property owner who builds a new home in the middle of an easement or who rips up a water main during construction of a new inground pool. The failure to recite the easement in subsequent deeds has no effect on the validity of the easement. It rules as long as there is evidence of the easement in the chain of title.
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Can an easement be blocked?
If an easement is a legal easement as described in a legally filed deed then no an easement can not be blocked. The only way an easement can be released is again through a release by all parties on a recorded deed.
Is a utility company allowed to run a support cable from a person's front lawn to the top of the pole for support if the owner of the property objects and there is no easments on the deed?
If you check your deed, you will probably learn that there is a utility easement that you didn't know about. In that case, yes.
What do you do if a utility easement as well as a ROW easement are not on your deed?
Easements do not have to be recited in your deed to be effective. Often a prior owner conveyed rights to an abutter or utility company and only the property description is carried forward in subsequent deeds. A full title examination should disclose easements and other rights that are not recited in the deeds in the chain of title. In fact, that is a main purpose of a professional title examination of real property. Sometimes, a title examination reveals that the utility or other entity claiming the easement does NOT have rights in the property. Discuss the problem with the lawyer or title company who represented you at your time of purchase.
Can a quit claim deed add an easement?
Yes, in most jurisdictions a quitclaim deed can be used to grant an easement.
If my neighbor's deed states that they have an easement on my property but my deed doesn't state any such easement is the easement legal and binding?
The only way to determine if the easement is a burden to your property is to have an attorney examine the titles to both premises to confirm the origin of the easement. If the easement is not mentioned in your deed that doesn't mean it doesn't exist. That is the reason to have the title to property examined by a professional prior to purchase. A comprehensive title examination would disclose any outstanding encumbrances including easements. You should call the attorney who represented you at the time of your purchase and ask that the title examination be reviewed for evidence of the easement. You should send a copy of your neighbor's deed for reference.
Can a business use a nonexclusive easement to get to their property?
The business can use the easement if it was granted the use of that easement in their deed.The business can use the easement if it was granted the use of that easement in their deed.The business can use the easement if it was granted the use of that easement in their deed.The business can use the easement if it was granted the use of that easement in their deed.
The power company has no easement on their power line that goes through your property Can you build a garage under the line?
Your title would need to be researched to determine if an easement was granted in years past. Utility easements are often not recited in deed descriptions. Failure to recite the easement does not mean the easement doesn't exist. Grants by property owners are not the only method by which utility companies acquire rights. In some cases, easement rights were taken by eminent domain. In some cases the utility was permitted to construct a ROW by virtue of a legislative act. In that case, it would have an easement. You should speak with an attorney in your area before you construct anything within the limits of the power line. An attorney who specializes in real estate law would be familiar with the local practices. If you build a garage within the power line ROW and later find the utility did have an easement it can and will demand the garage be removed.
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.
Are you liable for neighbors water lines on your property?
It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.
Why is your neighbors easement listed on your warranty deed?
Your land must be subject to the easement.
Do you measure property from the utility line or the building line?
Property is typically measured from the property line, which is the boundary that separates one property from another. The utility line and building line are typically set back from the property line and can vary depending on local regulations and building codes.
Can a power utility run distribution lines over my property without an easement agreement?
Generally, no, unless the rights were taken by eminent domain. However, it may have acquired easement rights many years ago. If no easement rights are recited in your deed that does not mean there are no easement rights. Ancient easements are often dropped from property descriptions especially when the current configuration was derived from a much larger tract in the past. Ancient utility easements and takings would be revealed by a comprehensive title examination.
