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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.
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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.
Is there a usufruct over easement?
Usufruct is the legal right to use property that belongs to another person or entity. In many legal usufruct systems of property individuals or groups may only acquire the usufruct of the property, not legal land ownership.You need to review the language in the instrument that created the easement to determine if the affected land can be used for other purposes. If you are the person to whom the easement was granted your use of the land encumbered by the easement is generally restricted to the use defined in the easement. If you granted the easement to another party the easement agreement may prohibit certain uses of the land encumbered by the easement.
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.
What are the responsibilities of the utility in an easement agreement?
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.
What is an easement of property?
An easement is a right to do something on the land (real estate) of someone else, such as using a driveway across someone's property to get to a garage on an adjacent parcel. Other commonly used easements include utility lines (above or underground) for service to other properties. Easements may be granted (in writing) or prescribed by law and may be short or long-term. Blocking a permitted use of an easement is a trespass.
Is it true that the easements may be granted to allow limited use of another's land without exclusive possession?
Yes, a non-exclusive easement can be granted by the owner of the land.
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.
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.
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.
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.
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.
Can a person holding a nonexclusive easement assign or sell the easement to another entity?
That depends on the details none of which have been included here. It depends on how the easement was worded. The easement may expire when the original grantee no longer owns the benefitted land. If it was granted to the grantee and their assigns, the easement rights will pass with the land if he sells the land to a new owner. Generally, the grantee of an easement right cannot sell or assign the rights to a third party, for example, a neighboring landowner. The deeds need to be examined for a definitive answer.That depends on the details none of which have been included here. It depends on how the easement was worded. The easement may expire when the original grantee no longer owns the benefitted land. If it was granted to the grantee and their assigns, the easement rights will pass with the land if he sells the land to a new owner. Generally, the grantee of an easement right cannot sell or assign the rights to a third party, for example, a neighboring landowner. The deeds need to be examined for a definitive answer.That depends on the details none of which have been included here. It depends on how the easement was worded. The easement may expire when the original grantee no longer owns the benefitted land. If it was granted to the grantee and their assigns, the easement rights will pass with the land if he sells the land to a new owner. Generally, the grantee of an easement right cannot sell or assign the rights to a third party, for example, a neighboring landowner. The deeds need to be examined for a definitive answer.That depends on the details none of which have been included here. It depends on how the easement was worded. The easement may expire when the original grantee no longer owns the benefitted land. If it was granted to the grantee and their assigns, the easement rights will pass with the land if he sells the land to a new owner. Generally, the grantee of an easement right cannot sell or assign the rights to a third party, for example, a neighboring landowner. The deeds need to be examined for a definitive answer.
