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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.
What else can I help you with?
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.
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.
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 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.
