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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.
What else can I help you with?
What is the easement of an electric company called?
Utility easement, they are common.
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.
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.
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 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.
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.
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.
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.
Can a utility company legally compel a property owner to grant an easement?
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.
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.
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.
