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The rights are set forth in the document that created the easement. You need to review that document.
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∙ 9y ago
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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 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.
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.
When we bought the property we were unaware that the utility went under the neighbors house they cut through the line and we have no power there is no easement and the power company doesn't know who?
If there was no easement you would have to bear the expense of having a new line installed. Comment: It sounds like the title company and/or the appraisal company missed the boat on this. Check with an attorney.
Is the seven citys of gold under the water?
No, it was a myth
What kind of real estate ownership is an easement?
An easement is a right of one owner of land to make beneficial and lawful use of the land of another owner. Most easements are created by a deed or written agreement and some are created by operation of law. Most easements run with the land and pass to subsequent owners. Some are extinguished by the death of the owner or when that owner transfers the property to a new owner. An easement is a right in another person's property. It is not a fee interest. An easement is an appurtenance to the land it benefits. How long it lasts sometimes depends on the language that created it. If you have a right of way over Harry's land to reach your own and it's your only means of access then it will last forever as a benefit to your land. However, you can't sell that right to another neighboring landowner. Further, all you can do with the right of way is use it for access, you can't fence it in or park your cars on it or install a gate across the entrance unless those additional rights were granted in the original deed of easement.
What if row is granted to a gas station and that property is sold to another does that right of way go with the property if it is not spelled out in the new deed?
You need to check the instrument that created the easement. When an easement goes along with the property as a appurtenant right in subsequent conveyances it is said to "run with the land". In checking the original grant one would look for the words "to heirs and assigns" in the grant of easement. That would make the easement right transferable to future owners of the property. You should consult with an attorney who specializes in real estate law who can review your situation, the deed that created the easement and explain your rights and options under your state laws.
Who maintains the land when a utility easement is granted?
The grant usually specifies since it is usually a negotiated document. It is not unusual for the land owner will continue to maintain the land but if the utility say has to go into the ground to fix its installation it is usually required to restore the surface. On the other hand utilities whose equipment is above ground may be the party that will be responsible for maintaining the land around or under the equipment - especially if there is risk of harm to people or their own property. And remember, when you say "grant" you are talking about an intended arrangement. On the other hand, a municipality can actually condemn property solely for purposes of obtaining easement rights and may use its power to lever less obligations on its part and more on the land owner -- things like prohibiting anything built on top of the easement area that could make getting into the ground to fix things difficult.
Encroachment of easement by planting crops on?
"Encroachment" is not the same as "blocking" it. If there is a legal easement codified in the deeds, the width of the easement should probably be spelled out. If the legally described width of the easement is being narrowed or "choked" by the planting of the crops to the point of inconvenience - my suggestion would be discuss it with the farmer who planted them and advise him. Legally established easements grant 'passage of necessity' over, under, or through, a property, but they do not imply or convey any ownership rights upon the property over which the easement passes! And it does not mean the property can't use the land for other purposes, it just means that, when necessary, he is legally required to grant passsage over his property.
Are easements considered real property?
An easement is an interest in real property and easement rights are usually bundled under the definition of real property.An easement is an interest in land owned by another person consisting of the right to use or control the land, or an area above or below it, for a specific limited purpose.The land benefitting from the easement is the dominantestate. The land burdened by the easement is the servientestate. An easement can last forever but it does not give the owner any fee interest in the land.There are many types of easements such for access, installation of utilities, installation of pipeline, installation of septic systems, sight easements, sidewalk easements, well and aqueduct easements, etc. In some cases easements are granted to a neighbor whose garage encroaches on the abutters land. That type of easement generally lasts only until the structure needs to be rebuilt.
Consumer equilibrium utility approach?
when does consumer attain equilibrium under the utility approach
Can a neighbor be forced to pay half to repair a driveway they have the right to use?
You need to review the document that originally created the right of way to see if that issue was addressed in the original grant. If maintenance wasn't addressed the owner of the easement is under no obligation to make repairs. You should consult with an attorney who can review the grant of right of way and any statutory rights and obligations that may address your situation. You may need to negotiate an agreement with the owner of the easement.You need to review the document that originally created the right of way to see if that issue was addressed in the original grant. If maintenance wasn't addressed the owner of the easement is under no obligation to make repairs. You should consult with an attorney who can review the grant of right of way and any statutory rights and obligations that may address your situation. You may need to negotiate an agreement with the owner of the easement.You need to review the document that originally created the right of way to see if that issue was addressed in the original grant. If maintenance wasn't addressed the owner of the easement is under no obligation to make repairs. You should consult with an attorney who can review the grant of right of way and any statutory rights and obligations that may address your situation. You may need to negotiate an agreement with the owner of the easement.You need to review the document that originally created the right of way to see if that issue was addressed in the original grant. If maintenance wasn't addressed the owner of the easement is under no obligation to make repairs. You should consult with an attorney who can review the grant of right of way and any statutory rights and obligations that may address your situation. You may need to negotiate an agreement with the owner of the easement.
