0
What if a fraudulent document was used for easement to a utility by a neighbor?
Wiki User
∙ 15y ago
A fraudulent document that purports to grant rights in real property is null and void. If you know it is fraudulent and can prove it, and if it's recorded in the land records, you could record an affidavit of notice that the document is fraudulent. You should request that your affidavit be cross referenced to the fraudulent document by the land records office. If the situation created a serious problem you should consult with an attorney about obtaining a court order that would officially extinguish the easement.
Wiki User
∙ 15y ago
Add your answer:
Earn +20 pts
What are the city's rights under a utility easement?
The rights are set forth in the document that created the easement. You need to review that document.
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.
Is the property owner responsible to maintain the utility easement?
You need to review the document that created the easement to determine that type of responsibility. All the terms should be included in that document.
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 you construct a storage shed on an utility easement?
You need to review the language in the document that created the easement. Generally, a structure or landscaping would not be allowed.
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.
What is the easement of an electric company called?
Utility easement, they are common.
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.
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.
Is fire easement a public utility easement?
No given easement goes beyond the specific right granted by the easement document. Specific usage(s) of a fire easement would be only those actions directly related to fire prevention and or suppression. Easements related to safety issues such a fire easement may be created by zoning and community ordinances and not appear in the conveyance documents but place specific requirements upon the owners of the lands and or building where the easement resides or even adjacent to the easement. Examples of regulatory easements are building setbacks, firewalls, and construction.
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.
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.
