Yes, a utility company can legally compel a property owner to grant an easement through a process called eminent domain, which allows the government or certain entities to take private property for public use with fair compensation to the property owner.
No, you cannot legally refuse a utility easement on your property. Utility companies have the legal right to access your property for maintenance and installation of utility lines.
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.
Utility easement, they are common.
To determine if there is a utility easement on your property, you can check your property deed or contact your local county assessor's office for information. Utility easements are typically recorded in property records and indicate areas where utility companies have the right to access for maintenance or installation of utility lines.
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.
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.
Yes, it is possible to have a utility easement removed, but it typically requires legal action and approval from the utility company and relevant authorities.
Presumptive easement occurs when the access or easement has been used for so many years it has become an established easement. The owners permission is not necessary if they allowed it to go for years without complaint.
On the property the easement is on/over? That depends on the terms of the easement given and agreed to. The most common forms of easements, utility and right of way easements the property owner pays the property taxes.
There would be no prescriptive claims in any case: licensed use is not hostile and a recorded easement presumes fair consideration.
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.
In Illinois, building within a utility easement is generally not allowed without permission from the utility company that holds the easement. Utility easements are established to provide access for maintenance and repairs of utility lines, and any structures within these areas could obstruct that access. It's essential to check local regulations and consult with the utility company before proceeding with any construction in or near an easement. Always consider potential legal and safety implications.