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Can I legally refuse a utility easement on my property?
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.
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.
What is the easement of an electric company called?
Utility easement, they are common.
Is there a utility easement on my property?
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.
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.
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 it possible to have a utility easement removed?
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.
What is the definition of presumptive easement Can a utility company claim presumptive easement when they never asked for an easement from the property owner?
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.
Who pays taxes on an easement?
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.
If a property owner granted a utility company an easement after decades of licensed use does recording of the easement eliminate any prescriptive claims?
There would be no prescriptive claims in any case: licensed use is not hostile and a recorded easement presumes fair consideration.
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.
Can someone deny use of their land for utility easement?
Yes, a landowner can deny the use of their property for a utility easement, but this may depend on local laws and regulations. If the utility company has the legal right to an easement through eminent domain, they may be able to compel the use of the land despite the owner's objections. However, landowners can negotiate terms or seek compensation for the use of their property. It’s advisable for landowners to consult with legal professionals to understand their rights and options.
