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What are the responsibilities of the utility in an easement agreement?
Wiki User
∙ 14y ago
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.
Wiki User
∙ 14y ago
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How wide is an easement?
There is no set width for an easement. An easement is defined by an agreement between the two property owners. Some easements have standard sizes such as roads or utility easements.
What is the easement of an electric company called?
Utility easement, they are common.
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 plant a tree near a utility easement?
You need to review the document that created the easement in order to determine what rights you may have within the easement area. Most utility easements require that the area within the easement be kept clear of structures, trees and brush.
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.
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.
Who maintains the easement if it is not specified on file?
If that issue was not addressed in the original easement agreement then no one is responsible. The parties need to draft a supplemental agreement.
If a utility easement is no longer in use how do you get a release from the utility company?
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.
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.
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.
Is an oral agreement enforceable between two parties to add fencing along an easement?
If the terms of an easement are to be changed, the changes should be in writing, signed by the landowner and the easement holder, notarized and then recorded in the land records. The amendment should be referenced to the original easement agreement.
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.
