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What are your rights on your property within an electrical line easement?
Wiki User
∙ 13y ago
You have the right to own and pay property taxes, and enjoy the use of the easement area, but you cannot build anything or plant trees within it that would interfere with the power companies use of the easement to access their lines, poles, and equipment.
Wiki User
∙ 13y ago
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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.
What is legal right of property owner when a contractor is building waterline across edge of property to neighbor beyond the easement boundary?
That all depends on the provisions set forth in the easement. However, it is quite common for a developer to reserve easements rights that benefit other land of the developer. For example, if a developer reserved a ten foot wide water line easement easement across your lot then it can install a water line within the easement area to service other lots beyond.
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.
Would access to an easement end for nonuse?
Generally, no. The easement is a property right, not a personal right, so it exists regardless of who owns the property or how they use it. However, an easement CAN be lost if someone blocks it and no action is taken within the prescribed time, and this might happen if nobody notices the blockage because the easement is not being used.
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.
What does full enjoyment of the easement mean?
Full enjoyment of the easement means that the owner of the easement is able to exercise all the benefits of the easement that are described in the document that created the easement. For instance, if an owner of an easement has the right of access to his property over a 12 foot ROW then the owner of the land encumbered by the ROW cannot park cars within the bounds of the ROW so as to impede its use by the owner of the easement.
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.
Can a land owner install a wooden deck that crosses a perpetual easement?
You need to review the language in the document that created or granted the easement. It is likely that structures are prohibited within the easement area. If that's the case, the easement owner can demand the removal of the structure.You need to review the language in the document that created or granted the easement. It is likely that structures are prohibited within the easement area. If that's the case, the easement owner can demand the removal of the structure.You need to review the language in the document that created or granted the easement. It is likely that structures are prohibited within the easement area. If that's the case, the easement owner can demand the removal of the structure.You need to review the language in the document that created or granted the easement. It is likely that structures are prohibited within the easement area. If that's the case, the easement owner can demand the removal of the structure.
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.
Does avista utilities have easment rights when they install a pole on your property?
Your particular question is probably best answered through a call to Avista at 1-800-227-9187, but here's a few examples of how the rights work. Depending on the location and circumstance Avista holds various rights for its facilities. Easements are taken on private property where other rights do not exist. For example we have facilities: · where there is a dedicated utility strip in the plat for the property: · we provide service to the property and we are allowed to be on the property under the state tariff; · we are on a property within the dedicated street right of way as we have franchise agreements with the local government entity Some easements are implied, as the facilities were installed to serve a property, under the tariff and the property was later split, our facilities are covered by the original situation to serve the whole property; in addition other situations which allow for our facilities on a property absent an easement. -Dan Kolbet, Avista Utilities
What is the definition of real property?
Generally real property is land, whatever is erected on, affixed to, or growing on it. Also rights annexed to or issuing out of, or exercisable within or about the land.
What happens to the owner of a mobile home during a foreclosure?
Real property is not actually owned until the property is paid for in full. A buyer of a mobile home loses all ownership rights to the property when it is foreclosed on. A resident/buyer loses ownership rights to the property and will have to vacate the premises within the length of time specified in the foreclosure action.
